TINJAUAN YURIDIS PERATURAN WALIKOTA YOGYAKARTA NOMOR 89 TAHUN 2009 TENTANG PEMBATASAN USAHA WARALABA MINIMARKET DI KOTA YOGYAKARTA DALAM MENCIPTAKAN IKLIM PERSAINGAN USAHA YANG SEHAT

TAMBAYONG, MARIO ANDREAS (2009) TINJAUAN YURIDIS PERATURAN WALIKOTA YOGYAKARTA NOMOR 89 TAHUN 2009 TENTANG PEMBATASAN USAHA WARALABA MINIMARKET DI KOTA YOGYAKARTA DALAM MENCIPTAKAN IKLIM PERSAINGAN USAHA YANG SEHAT. S1 thesis, UAJY.

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Abstract

This legal writing was entitled Juridical Review on Regulation of Yogyakarta Municipal Head Number 89 Tahun 2009 on Restriction on Profitable Business of Minimarket in Yogyakarta Municipality in Creating the Health Business Competition Climate. The author emerges this writing by purpose for comprehending the role of government as regulator in business field in creating the regulation that can create health business competition climate. The author hopes to be able to given suggestion of consideration towards the knowledge in the field of legal review on the competition and the watcher of legal product creation, i.e. regulation, in particulary in the efforts of creating health business competition. The type of this legal research was normative legal research, i.e. a research by conducting abstraction through deductive process of positive legal norm by shape of review on legal principles of which exists in the regulation in economical life of society. In addition of conducting review on legal principle it was also conducted legal synchronization test, i.e. conducting interpretation and vertically evaluate positive law. This legal writing strived to explain some big roles of Regulation of Yogyakarta Municipal Head Number 89 of 2009 on Restriction of Profitable Business in Creating Health Business Competition Climate. The restriction conducted by Municipal Head is based on the outsourcing of micro, small and middle business as well as preventing market mastering and the centralization of business by individual or certain group of which nationally have business net. The government as regulator in business field should be able to create legal certainty, fairness and functionality. One of the efforts was creating legal product that has no discriminative characteristic to the businessmen. Thus it can be concluded that the Regulation of Municipal Head Number 89 of 2009 on Restriction of Profit Business is proven as having discriminative characteristic in creating health business competition climate, i.e. the existence of limitation of which is based on economical status of which has results as decrease of basic independence in collective life in economical field.

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