Indonesian Journal of International Law
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Persaingan Usaha di Forum WTO dan Perlunya Ketentuan Mengenai M&A
No full textTwo issues leading to the collapse of the 5th WTO ministerial meeting in Cancun, Mexico, are agricultural issue and Singapore Issues. There are four sub-issues on Singapore Issues, which are Trade and Competition Policy, Trade and Investment, Transparency on Government Procurement and Trace Facilitation. The issues on competition policy are some ambiguities such as the coverage of hardcore cartel provisions and the differences on the articles or business practices which can be considered as rule of reason. The most crucial on handling competition case is analyzing relevant market consisting product market and geographical market. Related to the Indonesian competition law, unfortunately the definition on the relevant market is not clear enough. Besides that, Indonesian Competition Institution to enact some guidelines issued by OECD, UNCTAD, or countries which having wide experience in handling competition cases. Up to now, the Indonesian competition law has not been completed with the government regulation on merger and acquisition. To invite the government people in the ministry of industry and trade who are responsible to prepare the said government regulation, this paper is ended with the case of merger between Boeing and MDC suffering injury for Airbus company and the practice of exclusive dealing done by Boeing-MDC
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal
No full textCorporate Crime as the Power of Crime?
No full textThe corporate crimes in all the time are growing and creating serious jeopardy to the concept of rule of law in Indonesia, the enforcement of authority of law, and justice are at stake. Corporations should not be separated from prosecution since the nature of crime is corporate crime by which the corporation crime performed only for the benefit of the corporation. By this concept, then the corporation can be expected legal liability along the offence committed for and/or on behalf of the corporation by the board or a representative of the corporation, whose names is mentioned in a corporate foundation, which is registered in authentic document issued by a notary containing the articles of association. If the criminalisation of the corporation began to dull, then the corporate crime that would have the power of crime to push back the society or crime against society, thus the culture is in some ways to change. This change will be a threat to the concept of rule of law in Indonesia.
Kejahatan korporasi sepanjang waktu tumbuh dan menciptakan bahaya serius kepada konsep penegakan hukum di Indonesia, penegakan otoritas hukum, dan keadilan dipertaruhkan. Korporasi tidak boleh dilepas dari penuntutan hukum karena sifat kejahatannya merupakan kejahatan korporasi, dimana kejahatan korporasi dilakukan karena untuk kepentingan korporasi. Dengan konsep ini, maka korporasi diharapkan dapat diminta pertanggungjawaban hukum sepanjang pelanggaran
yang dilakukan untuk dan/atau atas nama korporasi oleh pengurus atau perwakilan dari korporasi yang namanya disebutkan anggaran dasar perusahaan, yang terdaftar dalam dokumen otentik yang dikeluarkan oleh notaris yang mengandung perbuatan. Jika pemidanaan terhadap korporasi mulai tumpul, maka kejahatan korporasi akan memiliki kekuatan untuk melakukan kejahatan untuk balik menekan masyarakat atau kejahatan melawan masyarakat, sehingga budaya tersebut dalam
beberapa waktu akan berubah. Perubahan ini akan menjadi ancaman bagi konsep penegakan hukum di Indonesia
Doha Development Agenda Negotiations on Agriculutal Sector
No full textWhen Doha Round offically opens in Doha, Qatar in November 2001, the parties of the WTO agreed the round named by Doha Development Agenda (DDA). The majority developing countries argues that the previous round was created the regulations whose just make the developed countries gain more profit and dominate global trade. This article gave the information on the DDA development in agriculture, in order to increase the reformation in agriculture to get the fair and equal global trade system, this article gave the proportional picture and position whose shown by the developing countries in the WTO rounds in 3 problems, market access, domestic support, and export subsidies
Should National Sharia Board be Restructured to Sustain the Development of Economic Sharia in Indonesia?
No full textThe economy of Islamic finance has an important role in improving a nation’s economy and has developed rapidly throughout the world including in Southeast Asia. This paper discusses the role of Board of fatwa (and the fatwa itself) within Indonesia governmental structure in order to enhance the economic activities of sharia. The involvement of sharia scholars are needed in the process of regulating economic policies since only few of Indonesian legislators have good understanding in the law of Islamic finance. At the moment, fatwa issued by sharia scholars in economic activities is not legally binding due to its organization structure in Indonesia governmental system. As a result, it creates legal uncertainty not only to business players but more importantly to the society at large on the issue of whether or not the fatwa is mandatory. Therefore restructuring the board of fatwa is a way to provide legal certainty in order to sustain the development of economic sharia in Indonesia as well as in Southeast Asia
Do the European and Dutch rules on variable remuneration of financial institutions match and can remuneration be regulated on a European level?
No full textThe special committee of inquiry into the financial crisis (Tijdelijke commissie onderzoek financieel stelsel), better known as the De Wit Committee was in charge of investigating for the second chamber of the Dutch Parliament how the credit crisis had originated and how a future crisis could be prevented. In its report, the Committee paid special attention to the influence of remuneration on the crisis. In its final report, three of the twenty five recommendations concerned remuneration. Not only in the Netherlands was there attention for the incentives of remuneration and their role in the credit crisis, but also in the rest of the world. There are three different theories which try to explain the existence of variable remuneration: the agency theory, the market theory and the corporate governance theory. This article describes the European and Dutch rules on variable remuneration of executive board members and where possible also of employee remuneration.
However, these rules are not always clear-cut. In this article, discrepancies between the European and the Dutch rules will be discussed. In this article, variable remuneration will thus be considered as a tool to solve the agency problem. The total remuneration (including the variable remuneration) can be seen as an instrument to attract and bind board members