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EN
Fourteen years after the enactment of Indonesian Competition Law, the public has had the chance to witness the enforcement practice of the Commission for the Supervision of Business Activities (the Kppu), the competition supervisory authority of Indonesia. Being recognized as an aggressive competition agency, the enforcement of Indonesian Competition Law seems to largely rely on the discretion of the Kppu. However, a review needs to take place not only of how the competition authority accomplishes its tasks, but also how the enforcement process is outlined in the provisions of the Law itself. Around 72% of the cases dealt with by the Kppu concern bid-rigging, 14% cover other types of cartel practices, further types of anticompetitive conduct account for the rest. Despite being criticized as having excessive authority covering the investigation, prosecution, and ruling on competition law cases, the Kppu faces problems in battling cartel practices because major legal flaws exist, for instance concerning collecting evidences. The discussion will be limited to the combat with cartels. Competition law enforcement through the Kppu is administrative in nature albeit with some criminal law influences (evidence). Although it is possible to enforce the law by means of criminal injunctions and private claims, they have rarely been used so far, mainly because Indonesian Competition Law lacks clarity. Problems with existing procedures are rooted in the Kppu’s inability to obtain sufficient evidences. Two propositions are made how to deal with these difficulties – using indirect evidence and implementing a leniency programme, both based on existing Indonesian Competition Law or by amending the Law and inserting new provisions which would explicitly allow the use of both indirect evidence and a leniency programme.
FR
Quatorze ans après la promulgation de la Loi indonésienne sur la concurrence,le public a eu la chance d’assister à la pratique de l’application accomplie par la Commission pour la Supervision des activités commerciales (la KPPU), l’autorité de surveillance de la concurrence de l’Indonésie. Reconnu comme une autorité de la concurrence agressive, l’application de la Loi indonésienne de la concurrence semble se référer largement à la discrétion de la KPPU. Toutefois, un examen doit avoir lieu non seulement sur la façon dont l’autorité de la concurrence accomplit ses tâches, mais aussi la façon dont le processus d’application est décrite dans les dispositions de la Loi elle-même. Environ 72% des affaires traitées par la KPPU concernent des offres collusoires, 14% d’autres types de pratiques de cartel et encore d’autres types de comportement anticoncurrentiel compte pour le reste. En dépit d’être critiqué comme ayant autorité excessive couvrant des enquêtes, des poursuites, et des jugements sur les affaires de droit de la concurrence, la KPPU fait face aux problèmes rélatifs à la lutte contre les pratiques de cartel, car les grandes failles juridiques existent, par exemple en ce qui concerne la collecte des preuves. La discussion sera limitée à la lutte contre les cartels. L’application de la loi de la concurrence par la KPPU est de nature administrative mais avec quelques influences provenant du droit pénal (preuves). Bien qu’il soit possible d’appliquer la loi au moyen d’injonctions pénales et des demandes privées, ils ont été rarement utilisées jusqu’à présent, à cause de manque de clarté par rapport au droit indonésien de la concurrence. Les problèmes avec des procédures existantes sont enracinés dans l’incapacité de la KPPU d’obtenir des preuv es suffisantes. Deux propositions ont été faites sur la manière permettant de résoudre ces difficultés - en utilisant des preuves indirectes et en mettant en œuvre un programme de clémence, tous les deux basés sur la Loi indonésienne actuelle sur la concurrence ou en modifiant la Loi et introduisant des nouvelles dispositions qui permettraient explicitement l’utilisation des deux preuves indirectes et un programme de clémence
EN
This study aims to identify the relationship between underpricing and long-term market performance of IPOs in the Indonesian Stock Exchange (IDX), as well as determinants of IPOs' market performance. We based our paper on the idea that it is more meaningful and relevant to investigate underpricing and long-term market performance determinants at different distribution points. OLS and quantile regression analysis isapplied to 105 samples of IPOs during 2009-2013. The results of OLS and quantile regressions indicate that assets value, age, proceeds, and underwriters’ reputation are determinants of long-term market performance; while assets, age and proceeds also become underpricing determinants. Among these factors, proceeds become the most important determinant of underpricing and long-term market performance.
EN
Environmental, Social, and Governance (ESG) factors have become essential considerations for stakeholders. Balancing external and internal performance is crucial. However, there are some constraints to implementing ESG at the corporate level, especially in Indonesia. This study aims to test the effect of ESG on corporate performance. The non-financial firms listed on Indonesia Stock Exchange from 2016–2020 were used as a sample. Empirical evidence found the U-shaped effect of ESG rating on corporate performance. Further, robustness tests are conducted by dividing the sample annually and removing the 2020 period to show more robust evidence. In contrast, the results showed no evidence of a U-shaped effect. The robustness test showed that the ESG rating positively affected corporate performance in 2016–2019 and turned negative in 2020, the first time COVID-19 happened in Indonesia. This result indicated that in a crisis time, implementing ESG will be costly and reflected in financial performance. In contrast, during a non-crisis time, ESG positively impacts financial performance.
EN
The paper reviews the efficiency of food subsidy in Indonesia based on cost structure analysis. Using the comparison between cost of good of government and cost of good of National Logistics Board appointed to manage and channel the subsidy. The level of efficiency has decreased in the recent years because of increase in costs of exploitation, management cost and interest expense. It is suggested that government has to determine the cut-off point as a feasibility assessment of cost of subsidy.
PL
Pitrus rozmawia z Joramem ten Brinkiem – reżyserem i producentem eksperymentalnych filmów dokumentalnych i eseistycznych – tuż po prywatnej projekcji wyprodukowanego przez niego filmu Joshui Oppenheimera "Scena zbrodni" ("The Act of Killing", 2012). Dokument ten opowiada o płatnych zabójcach działających na zlecenie prawicowego reżimu generała Suharto i stał się sensacją wielu festiwali, w tym tegorocznego festiwalu w Berlinie, gdzie otrzymał dwa znaczące wyróżnienia – Nagrodę Jury Ekumenicznego oraz Nagrodę Publiczności. Werner Herzog, Errol Morris i Dušan Makavejev okrzyknęli tę produkcję sensacją i arcydziełem. W filmie wykorzystano niecodzienną strategię – jego bohaterowie odgrywają własne zbrodnie, wykorzystując różne konwencje gatunkowe: od kina czarnego, przez western, aż po musical. Joram ten Brink m.in. zdradza rozmaite szczegóły dotyczące realizacji filmu, mówi o jego recepcji, a także wspomina swoje wcześniejsze produkcje.
EN
Pitrus interviews Joram ten Brink – a film director and producer of experimental film documentaries and film essays – just after a private screening of "The Act of Killing" (2012), a film produced by him, and directed by Joshua Oppenheimer. The documentary tells the story of paid assassins who worked on behalf of the right wing regime of general Suharto. The film was considered sensational on many film festivals, including this year’s Berlin International Film Festival, where it obtained two major awards – the Prize of the Ecumenical Jury and the Panorama Audience Award. Werner Herzog, Errol Morris and Dušan Makavejev hailed the production to be a sensational masterpiece. The film is based on a very original strategy – the protagonists act out their own crimes using various film genres, from film noir, through western, to the musical. Joram ten Brink reveals among others various details related to the production of the film, he talks about the way it was received, and recalls his earlier productions.
EN
The purpose of this article is to present the impact of Washington Consensus principles for selected Southeast Asian countries – Malaysia and Indonesia and their struggle during Asian Financial Crisis in 1997. Government’s universal issue, particularly in developing countries, is the ability to find a range of government market regulations to ensure fast economic development and social wealth. The author presents that an idea of the government participation is contained between two opposite concepts. The first idea claims that the government should be completely eliminated. The second, one that the government intervention is necessary to revise the market failures. Initially, the Washington Consensus principles were based on laissez-faire and neoliberal solutions. According to postulates prepared by J. Williamson, the Washington Consensus principles originally anticipated e.g. financial discipline, economy and trade liberalization, privatization, open for FDIs or deregulation. Proposed laissez-faire reforms were supposed to to constrict the role of government and build the functioning of economy upon a market mechanism.. Representatives of Bretton Woods organisations e.g. International Monetary Fund or The World Bank, followed this way to achieve the goals of the Washington Consensus. Due to the consensus political effectiveness, the postulates were implemented in many countries in Latin America or East Asia, for instance in Indonesia. To this analysis the author selected two countries from the region, both before the 1997 crisis, recording the impressive economic growth. During the crisis the governments of both countries decided to choose a completely different weapon to fight against the economic chaos. Jakarta, surprised by the economic collapse scale, which during its first phase had “hurt” the country, adopted the IMF recommendations almost indiscriminately. By contrast, Malaysian government adopted alternative strategy and implement own crisis management tools. They were based on e.g. capital control or an intensive role of the government in the reduction of socio-economic loses, which were aftermath of the crisis. The author based on works of many independent economists. It supposed to form the objective opinion about decisions made by particular governments. Additionally, to compare outlined thesis, author’s conclusions were based on economic data and indicators. The data illustrate the long term effects which were being caused by the crisis and reforms implemented by the particular countries governments. Conclusions that can be extrapolated from the presented paper, argue that Malaysia decision of taking own alternative way to fight against the economic breakdown was right. This can be clearly seen by comparing the 1997 crisis effects in Malaysia and Indonesia. Government in Jakarta, despite the financial and advisory support from IMF, was dealing worse during the economic collapse and after it. The results of the research indicate defeat of neoliberal ideas in the developing countries economy and the significant role of the government and effective institution in market mechanism optimization.
EN
Since there is not much available information on cognitive research in the Indonesian context, this paper aims to fill this knowledge gap. Using the notion of Bloom’s taxonomic framework, this paper explores the cognitive elements and representation in the Indonesian language curriculum. A content analysis approach is used in this study. The content analysis is an appropriate tool because it is related to the official documents of the Indonesian national language assessment that is available publicly. The method of data analysis employed a systematic content descriptive text approach. The findings of the study reveal that the content representation of the cognitive taxonomic framework is not balanced among factual, conceptual, procedural and metacognitive knowledge. The findings suggest that the government is recommended to revise the current test questions of the national assessment of the Indonesian language competence.
EN
The social acceptance of lesbian, gay, bisexual, transgender (LGBT) is recently widely debated. Although some Western countries have taken a more favourable course towards these minority groups, we still see a certain level of resistance to same sex marriage and discrimination against LGBT even in normally regarded liberal societies. Islam, which is often believed to clash with so-called Western values, regards LGBT as abhorrent and even apostate. However, we see a new endeavour of LGBT people in the most Muslim populous country in the world, Indonesia. This paper explores the treat-ment of these minorities in Islam, including the possibility of co-existence of all humans in a future. For this purpose, we consider the activities of this Islamic school in Indone-sia and the life history of the students. We also examine both the pro and con of the religious standpoint of the ulamas. We especially pay attention to some of the ulama’s attempts to create a new fiqh (a legal standard for religious rituals and obligations) to accept LGBT.
EN
Is batik a symbol of the national identity in Indonesia? The birth and the transfiguration of Indonesian national costume This study investigates the national costume in Indonesia, especially one of its components – batik. Is batik a symbol of Indonesian national identity, or is it just a proof of domination of the Javanese culture? In this article, I explore the ways in which batik became a popular costume for Indonesian citizens, defined also as a vehicle for manifestations of many different ideas and identities. I analyze not only briefly a history of batik as a part of Indonesian national costume, but also the ways of its understanding, both in the past an in contemporary Indonesia. Czy batik jest symbolem tożsamości narodowej w Indonezji? Narodziny i rozwój indonezyjskiego stroju narodowegoPrzedmiotem analizy w niniejszej pracy jest indonezyjski strój narodowy, zwłaszcza jeden z jego elementów – batik. Czy batik jest symbolem tożsamości narodowej w Indonezji, czy jedynie stanowi dowód na dominację kultury jawajskiej? W artykule omawiam ścieżki transformacji batiku w ubiór, bądź część ubioru, noszony przez Indonezyjczyków, definiowany zarazem jako przestrzeń służąca manifestowaniu rozmaitych poglądów, przekonań i tożsamości. Badam nie tylko historię batiku jako elementu narodowego stroju w Indonezji, lecz także sposoby jego odczytywania, zarówno w przeszłości, jak i obecnie.
EN
Coronavirus disease-2019 (COVID-19) in Indonesia began to appear on March 2, 2020 and led to a number of fatalities. Spatial analysis is important to study the spatio-temporal trend of COVID-19 cases and fatalities to get a better understanding of the spread as well as to mitigate it. However, such a comprehensive study at national level is not to be seen in Indonesia with limited health infrastructure. This study aims to analyse the spatio-temporal distribution and clusters of COVID-19 in Indonesia for a year period. COVID-19 cases, as well as the fatalities as a consequence of this disease, were collected from the government through publicly shared data. A geographic information system (GIS) was used to manage and analyse the data on demographics, cases, and fatalities. The case fatality rate (CFR) was produced based on the number of cases and deaths per province weekly. The spatio-temporal data of both cases and fatalities were generated from the data. Finally, K-means clustering was employed to classify the cluster of Indonesia based on the proportion of vulnerable age groups, cases, and CFR. The results show that most of the provinces in Indonesia are affected by COVID-19, but the fatalities are not distributed evenly throughout the country. Based on the K-means clustering, two provinces are classified as moderate, namely the Province of East Kalimantan and North Kalimantan. The Province of Jakarta is classified as high, because the vulnerable age group there is highly correlated with the number of cases and deaths.
EN
Development is a consistent element in the implementation of Indonesian policies. However, it has become increasingly challenging, particularly following the decline of the New Order regime and Indonesia’s rejection of certain political practices associated with it. This paper aims to present a reflective analysis of the evolving nature of development, from its initiation under the New Order regime to the present postReformation era, and how nationalist development navigates the intricate cultural landscape in Indonesia as well as exploring the possibility of the idea of ecological modernization being an alternative to the obsolete New Order development model.
EN
This paper discusses the encouragement of creativity and innovation in creating opportunities for entrepreneurship turning useless materials into valuable resources. It is necessary to know the thought process and planning in the entrepreneurship idea to create a new business at this time. One of the brilliant philosophies about entrepreneurs is that they are those who can “turn garbage into gold”. This concept describes the important character of entrepreneurs who foresee business opportunities and have the intelligence to transform trash into cash. This means that they have the necessary ability to create innovation and value-added products for sale. The analyzed case study involves innovation in using fisheries waste specifically derived from crab industries in Indonesia. The study presents empirical perspectives including (1) potential business of crab shell waste (2) technology in innovative use of shell to added value product (3) business analysis and commercialization. Ultimately, we present the concept of a new business by linking theories of entrepreneurial innovation and technology transfer in order to gain environmental balance.
EN
Debris flows and flash floods pose a continuing hazard to Nyalindung, a village in a mountainous part of West Java. On 16 December 2013, three days of heavy rain and a partial breaching of a succession of landslide dams triggered a debris flow and flash flood. One person died, nine homes were damaged, and 53 residents were evacuated. We asked villagers who were directly affected by that disaster about their knowledge of the hazard, in the hope of developing adaptation strategies. The survey showed that the majority of the villagers first became aware of the hazard during the 2013 disaster. Practical solutions exclude relocation because the village has stood in flow paths for the past 70 years or more, and because the families residing there are attached to the land and each other. We recommend combining public education about existing hazards with early warning technology.
EN
This paper offers a brief insight into the history and culture of Pancasila. Called the Indonesian National Philosophy, in force since 1945, it aims to embrace all aspects of life, to provide tolerance and justice in Indonesia to all. Since independence, however, Indonesia has been struggling with intractable problems of religious intolerance and minority communities, despite a functioning democracy today. Pancasila stems from compromises and alliances between the different major religious communities, both Muslim and non-Muslim, but which cause social exclusion of some groups at the same time. For years, during the presidency of Soekarno and Suharto, it served as a political tool to ensure relative peace and control in the state, and today seems to be only a set of phrases repeated in Indonesia without further reflection on their content.
EN
This study aims to analyse food sovereignty strategies in an effort to eradicate poverty in a micro-scale region by strengthening its food security status. The research was conducted in the Kutai Kartanegara District East Kalimantan Province in Indonesia. Food insecurity status in the study area was determined based on nine food security indicators. The 237 villages in the Kutai Kartanegara District were ranked based on four classifications of vulnerability to food insecurity. The results showed that 3.80% of the villages were highly vulnerable, 5.06% were vulnerable, 8.86% were slightly vulnerable and 82.28% were food secure. While Kutai Kartanegara was a food secure district, in order to maintain its food security status and enhance the performance of the villages that are still vulnerable to food insecurity, local government, and related stakeholders must work together to develop strategies to improve agricultural productivity, increase the region’s human resources capability and strengthen its infrastructure so food can be more readily accessed.
EN
For most of the former European colonies of South and Southeast Asia, the end of the Second World War was also the beginning of the end of colonial rule. With independence came the challenge of unifying disparate ethnic, religious and linguistic communities into cohesive nations– a challenge that some countries met more successfully than others. The price of failure could be high – hundreds of thousands were killed, and many millions displaced in 1947, as inter-communal conflicts tore British India apart. Indonesia declared independence in 1945 (a declaration not recognised by the country’s Dutch colonial rulers until 1949), while Burma (as Myanmar was then known) was granted independence by Britain in 1948. Both countries were able to avoid tragedies on the scale of the Indian Partition. Nevertheless, nation-building has been a difficult and as yet uncompleted process, the source of continuing challenges tonational security. This article looks at the situation in the two countries, traces the origins of some of the current problems, and attempts to explain why Indonesia has generally been more successful in this respect than Myanmar, despite the similarities in the initial situations of the two countries.
EN
The study set out to analyse the differences in the characteristics and spatial distribution of urban beggars in Sanglah, Denpasar City. It employed survey research for data collection by observation, structured interviews with a questionnaire, and documentation. These data were later processed and analysed in a quantitative descriptive manner. The results show that, based on religion, there were two groups of beggars, namely Muslim and Hindu. Spatially, the Hindu beggars disregarded the religion of the people they implored, whereas the Muslim beggars would only target the houses and shops owned by Muslims. Those two class of beggars differ in languages, bagging duration, daily-earning, clothing, and sympathy-drawing strategy during the panhandling
EN
Background. Unfinished tuberculosis (TB) treatment has slowly but surely become an unexpected event in the disease’s development into drug-resistant TB. Developing countries, mostly comprised of Asian and Eastern European countries, including Indonesia, have been overwhelmed in preventing drug-resistant TB outcomes and have also failed to avoid the development of this disease. Objectives. This review discusses the current issue of an unfinished first-line TB treatment strategy in primary care in Indonesia, presenting some relevant strategies in developing countries. Material and methods. A narrative review approach conducted on all existing evidence in selected scientific bibliographic sources. The researchers defined the keywords based on the research question as a search strategy. Results. Scarce resources and limited access, alongside national policy on TB control and management, contribute in different ways to impede first-line TB treatment in Indonesia. Empowerment of TB patients and their families are considered the best ways to increase awareness on TB medication in a low- to middle-income setting. The role of the hospital and private practitioner networks in the treatment and management of TB patients is essential for developing active-case-finding-approach programs for TB suspects in primary care in an Indonesian setting. Contrarily, the potential misunderstandings in TB treatment have led to peculiar events affected by poor surveillance systems for TB investigation contacts to prevent TB incidences in large populations. Conclusions. This study addressed the barrier of all stakeholders, particularly primary care, to achieve the Indonesian government’s goals of TB elimination by 2030 and zero TB findings by 2050
EN
This study aims to analyse food sovereignty strategies in an effort to eradicate poverty in a micro-scale region by strengthening its food security status. The research was conducted in the Kutai Kartanegara District East Kalimantan Province in Indonesia. Food insecurity status in the study area was determined based on nine food security indicators. The 237 villages in the Kutai Kartanegara District were ranked based on four classifications of vulnerability to food insecurity. The results showed that 3.80% of the villages were highly vulnerable, 5.06% were vulnerable, 8.86% were slightly vulnerable and 82.28% were food secure. While Kutai Kartanegara was a food secure district, in order to maintain its food security status and enhance the performance of the villages that are still vulnerable to food insecurity, local government, and related stakeholders must work together to develop strategies to improve agricultural productivity, increase the region’s human resources capability and strengthen its infrastructure so food can be more readily accessed.
EN
This paper aims to explore internationalization awareness and commitment of higher education in Indonesia. Since there are no publications on internationalization awareness and commitment for Indonesian higher education, this paper fills this gap. This qualitative case study involved 15 lecturers from an Indonesian university. This study used semi-structured interviews and data from the interviews were analyzed thematically. The research findings reveal that the internationalization of curriculum indicates awareness of internationalization by inviting experts and adapting curricula from developed countries. In addition, the commitment of internationalization was marked by the increasing quantity of international publications and collaboration with domestic and global agencies. The internationalization process faces both cultural and practical constraints. The finding suggests that there should be more elements of internationalization to indicate the preparation and the implementation of internationalization.
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