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.