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Journal : Journal of Judicial Review

Tinjauan Yuridis Penerapan Notifikasi Akuisisi Sebagai Upaya Pencegahan Persaingan Usaha Tidak Sehat Florianus Yudhi Priyo Amboro; Hermanto Hermanto
Journal of Judicial Review Vol 20 No 1 (2018)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The main goal of the notification of acquisition is as prevention effort of unfair business competition practice. This research was conducted to analyze implementation of notification on acquisition as an effort to prevention, analyzes role of Komisi Pengawas Persaingan Usaha to assess and analyzes notification assessment standards was done with notification on acquisition. Case approach that used for this research is acquisition Axis by XL Axiata and acquisition Lafarge by Holcim. Research methodology used is juridical normative. Research normative juridical use of law primary, secondary and tertiary and using data primary. To obtain the data used method of literature study and interview. But the approach used in this research is the approach cases and statute approach. Based on the results of research that has been done so in reality the implementation of the notification is an effort to prevent monopolistic practices and unfair business competition. But the implementation of the acquisition notification is not currently reflecting the efforts to prevent, this can be seen from opinion of Komisi Pengawas Persaingan Usaha related acquisition Axis by XL and acquisitions Lafarge by Holcim. A technical an appraisal that stipulated in the Peraturan Komisi Pengawas Persaingan Usaha Nomor 3 Tahun 2012 has not given the head of house of the efforts to prevent.
Hak Waris Anak Adopsi Ditinjau dari Kuhperdata dan Hukum Waris Adat Tionghoa di Kota Tanjungpinang Florianus Yudhi Priyo Amboro; Suriani Suriani
Journal of Judicial Review Vol 20 No 1 (2018)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Pluralism Inheritance Law in Indonesia is recognized with different legal systems which are based on Indonesian Civil Code, Islamic Law and Customary Law. The implementation of the adoption with a difference rules raises different legal consequences in the case of inheritance. Chinese society basically applies Indonesian Civil Code meanwhile have the rights over the choice of law to apply the Customary Law. The issue was discussed regarding the setting up and implementation of child adoption observed from Indonesian Civil Code (Burgerlijk Wetboek) and Chinese Customary Law. The purpose of this research was conducted to find out the rules and implementation inheritance for child adoption and directs the society in the determination of the appropriate law in the implementation of the inheritance distribution. The method of research conducted by the author is normative legal research by conducting data collection techniques by means of the study of librarianship and interviews. Furthermore, data analysis is done by descriptive qualitative way to solve those problems in research. The results of the research are the child adoption has the rights to inherit adoptive parents’ heritage with the same portion along with the other heirs based on Burgerlijk Wetboek. Inheritance of Chinese Customary Law applies the principle of semi-parental with child adoption get a part smaller than the other heirs except there is another provisions attached to each family depending on the decision of the deceased by observing the condition or the child adoption’s behavior in the family.