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Penerbit : Airlangga University Press ISBN: 9786024737689 Introduction to Commercial Laws in Indonesia and Malaysia offers an overview of relevant topics in commercial laws from a comparative perspective, to facilitate understanding of commercial laws in Indonesia and Malaysia. Both Indonesia and Malaysia legal systems have their own specific and detailed principles and rules on commercial laws, but the transnationalization of trade and legal practice means that businessmen and legal practitioners may need to apply a comparative approach.
Islamic Commercial Law: Contemporariness, Normativeness and Competence offers new perspectives on why for centuries Islamic commercial law has been perceived as arbitrary and unpredictable, and on its evolution to a contemporary, consistent, reliable and credible body of law. The book also examines why Western positivists have viewed Islamic commercial law in a simplistic or archaic religious framework and counters those arguments with an examination of its normative legal qualities. The work analyses the competencies of Fiqh (jurisprudence) for structuring new financial instruments, and restructuring conventional financial products more equitability.
This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.
Addressing changes in both the national legal system of Indonesia and the regional legal structure in the province of Aceh, this study focuses on the encounter between diverse patterns of legal reasoning and the vast array of issues arising in the wake of
This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. It introduces the key principles of contract law by comparing solutions from different jurisdictions and has an innovative design with text boxes, colour and graphics, making it a highly attractive tool for studying. This revised second edition has been updated to reflect the most recent changes in the law, including the French reform of the law of obligations and the new UK Consumer Rights Act. A whole new chapter on contracts and third parties has also been added.
The popular uprisings in 2011 that overthrew Arab dictators were also a rebuke to crony capitalism, diverted against both rulers and their allied businessmen who monopolize all economic opportunities. While the Middle East has witnessed a growing nexus between business and politics in the wake of liberalization, little is discussed about the nature of business cronies, the sectors in which they operate, the mechanisms used to favour them, and the possible impact of such crony relations on the region's development. Combining inputs from leading scholars in the field, Crony Capitalism in the Middle East: Business and Politics from Liberalization to the Arab Spring presents a wealth of empirical evidence on the form and function of this aspect of the region. Crony Capitalism in the Middle East is unique in both its empirical focus and comparative scale. Analysis in individual chapters is empirically grounded and based on fine-grained data on the business activities of politically connected actors furnishing, for the first time, information on the presence, numerical strength, and activities of politically connected entrepreneurs. It also substantially enhances our understanding of the mechanisms used to privilege connected businesses, and their possible impact on undermining the growth of firms in the region. It offers a major advance on our prior knowledge of Middle Eastern political economy, and constitutes a distinct contribution to the global literature on crony capitalism and the politics of development. The book will be an essential resource for students, researchers, and policymakers alike.
This book applies and develops the concept of “ersatz capitalism” in the analysis of industrial policy blockades to economic development in Malaysia and Indonesia. Drawing on insights from international political economy, development studies, industrial and innovation policy, and new institutionalism to refer to a specific type of capitalism, the book analyzes different paths and institutions of economic development within the entire East Asian region. Comprehensive theoretical insights are complemented by empirical case studies that relate to country and sectoral studies – the automotive and ICT industries – in Malaysia and Indonesia. Applying contemporary research on international political economy to refer to a specific type of capitalism, the author examines how conflicts of interest between factions of state apparatus, associations, and companies contribute to the failure of developmental policies. The unique combination of theory formation and empirical analysis provides a novel approach to international comparative research on capitalism. The book will be of interest to researchers in the fields of international political economy, development studies, new institutionalism, East Asian and Southeast Asian studies, and industrial and innovation policy.
This book examines administrative law throughout Asia, exploring the profound changes in many legal regimes that have occurred. It shows how many states have shifted towards a more market-oriented regulatory state model, involving a greater role for judges and law-like processes, and explores the profound implications of this for policy-making.
This book examines the numerous new courts created throughout Asia during the last 20 years, covering important jurisdictions including human rights, intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law, labour and industrial disputes. It evaluates their performances, and considers the broader economic, social and political implications.
This timely book explores how the Malays and Muslims in general are faced with challenges in the fields of business, economy and politics, in the modern era of globalisation. These research findings can help the Muslim community to enhance international integration, particularly in Malaysia and Southeast Asia. In this work, scholarly and expert authors explore Islamic perspectives on communication, art and culture, business, and law and policy. They respond to the need to uphold and strengthen the culture, arts and heritage of the Malays. Readers are invited to explore the challenges for the Malay and Muslim world and to evolve strategies to ensure competitiveness, dynamism and sustainability. Topics such as Islamophobia, drug trafficking, savings behaviours and the role of social media are addressed. These reviewed papers were presented at the International Conference on Islamic Business, Art, Culture & Communication 2014, held in Melaka, Malaysia. They have the potential to strengthen aspects of Islamic economy and leadership, if translated into action plans. This book represents essential reading for scholars of Islamic studies and will be of interest to those examining Southeast Asia and the Malay world.