Bisnis pemerintah dan regulasi (1)

Business, Government, and Regulation

Chapter

1

11 & 12

Chapter 11 Outline

The Roles of Government and Business
Interaction of Business, Government, and the
Public
Government’s Non-regulatory Influence on
Business
Government’s Regulatory Influences on Business
Deregulation










2

Government’s Role in
Influencing Business
1.

Prescribes rules

2.

Purchases business’ products and services

3.

Uses its contracting power


4.

Major promoter and subsidizer

5.

Owner of vast quantities of productive equipment 

6.

Architect of economic growth

7.

Financier

8.

Protector of society against business exploitation


9.

Manages large areas of private business

10.

Repository of the social conscience and redistributes resources

3

Roles of Government and Business


What should be the respective roles of business and
government in our socioeconomic system?



Given all of the tasks that must be accomplished to

make our society work, which of these tasks should
be handled by the government and which should be
handled by business?



How much autonomy are we willing to allow
business?

4

Clash of Ethical Systems
Business Beliefs

Government Beliefs



Individualistic ethic




Collectivistic ethic



Maximizes concession to
self-interest





Minimizes the load of
obligations society imposes
on the individual (personal
freedom)

Subordinates individual goals
and self-interest to group

goals and group interests



Maximizes obligations
assumed by the individual
and discouraging self-interest



Emphasizes equality of
individuals

Emphasizes inequalities of
individuals



5


Figure 11-1

Social, Technological, and Value Changes
Major
MajorChanges
Changes

Societal
SocietalValue
ValueChanges
Changes

National
Nationalsociety
society

Youth
Youthmovement
movement


Communal
Communalsociety
society

Consumer
Consumerprotection
protectionmovement
movement

Entitlements
Entitlements

Ecology
Ecologymovement
movement

Quality
Qualityof
oflife
life


Civil
Civilrights
rightsmovement
movement
Women’s
Women’smovement
movement
Egalitarian
Egalitarianmovement
movement

6

Interaction Among Business,
Government, and the Public
Lobbying

Business
Business


• Interest
groups
• Not buying
products
• Protests

Regulations and Other
Forms of Persuasion






• Advertising
• Public Relations

Public
Public


7

Figure 11-2

Government
Government

Political Process
Voting
Interest Groups
Contributions

• Politicking
• Political
influence

Government’s Nonregulatory
Influence on Business
Two Major Nonregulatory Issues
Industrial Policy

Privatization

8

Industrial Policy

Industrial
Policy

9

Any selective government measure
that prevents or promotes changes
in the structure of an economy.

Industrial Policy
Accelerationists
Accelerationists
Adjusters
Adjusters

Schools
Schools of
of
Thought
Thought

Targeters
Targeters
Central
Central planners
planners
Bankers
Bankers

10

Industrial Policy
1.
2.
3.
4.
5.

11

Accelerationist : selected industries to be
international competitors in world market
Adjusters : adjustment for declining
industries
Targeters : selected industries to be engine
for growth
Central planners : comprehensive planning
for growth oriented macroeconomic policies
Bankers : financing high risk venture

Industrial Policy
Arguments For







Decline of national
competitiveness
Use by other world
governments
Ad hoc industrial policy

12

Arguments Against






Reduces market efficiency
Promotes political decisions
Foreign success variable
Various interventions create
an industrial policy by
default

Privatization

Privatization

The process of “turning over to”
the private sector some function
that was previously handled
by government.
Pro-producing a service:
effective

Privatization

Contra-providing a service:
Eficiency, flexible

13

Other Nonregulatory
Government Influences






Major employer
Standard setter
Largest purchaser
Use of Subsidies
Transfer payments

14







Major competitor
Loans and loan guarantees
Taxation
Monetary policy
Moral suasion

Government’s Regulatory
Influence on Business
Factors to Consider Regarding
Government Regulation






15

Fair treatment
Protection
Scope
Cost
Burden

A Federal Regulatory Agency…
1.

Has decision-making authority

2.

Establishes standards or guidelines conferring benefits
and imposing restrictions on business conduct

3.

Operates principally in the sphere of domestic business
activity

4.

Has its head and / or members appointed by the
president (generally subject to Senate confirmation)

5.

Has its legal procedures generally governed by
the Administrative Procedures Act

16

Reasons for Regulation
Controls
Controls natural
natural monopolies
monopolies
Controls
Controls negative
negative externalities
externalities
Achieves
Achieves social
social goals
goals
Controls
Controls excess
excess profits
profits
Controls
Controls excessive
excessive competition
competition

17

Comparison of Economic
and Social Regulation
Economic Regulations
Focus

Market conditions;
economic variables

Social Regulations
People in roles as
employees, consumers
and citizens

Affected
Selected (railroads,
Industries aeronautics,
communications)

Virtually all industries

Examples

ICC, CAB
FCC

EEOC, OSHA,
CPSC, EPA

Current
Trend

From regulation to
deregulation ( ?)

Stable

18

Figure 11-3

Benefits of Regulation





Fair treatment of employees
Safer working conditions
Safer products
Cleaner air and water

19

Costs of Regulation




Direct costs
Indirect costs
Induced costs


Effects
1.
2.
3.

20

Innovation may be affected.
New investments in plant and equipment may be
affected.
Small business may be adversely affected.

Deregulation
Purpose
Intended to increase competition with the expected
benefits of greater efficiency, lower prices, and
enhanced innovation.

Dilemma
Many competitors are unable to compete with the
dominant firms.
Must enhance competition without sacrificing applicable
social regulations (e.g., health and safety requirements).
21

Industries Affected by Deregulation
 Trucking
 Telecommunications
 Financial Services
 Electric Utilities
 Airlines
22

Chapter 12 Outline






Corporate Political Participation
Lobbying
Coalition Building
Political Action Committees
Political Strategy

23

Corporate Political Participation

24

Lobbying

The process of influencing public
officials to promote or secure passage
or defeat of legislation

PACs

Instruments through which business
uses financial resources to
influence government

Coalition
Building

Business and other groups joining
forces to achieve common goals

Political
Strategy

To secure position of advantage
regarding a given regulation or
piece of legislation

The Purposes of Lobbying
 Gain legislative support or institutional approval for
some objective
 Obtain reinforcement of established policy or the
defeat of proposed policy shifts
 Targets the election or defeat of national, state, and
local legislators

25

Organizational Levels of Lobbying
Representation

Umbrella
Umbrella
Organizations
Organizations

Trade
Trade
Associations
Associations

Company-Level
Company-Level
Lobbying
Lobbying
Figure 12-1
26

Broad
Broad

Examples

•• Chamber
Chamber of
of Commerce
Commerce
•• National
NationalAssociation
Association of
of
Manufacturers
Manufacturers

•• National
NationalAutomobile
Automobile Dealers
DealersAssn
Assn
Midrange
Midrange
•• National
NationalAssociation
Association of
of Realtors
Realtors

Narrow/
Narrow/
Specific
Specific

••
••
••
••
••

Local
Local government
government
Law
Law firms
firms
Public
Public affairs
affairs specialists
specialists
PACs
PACs
Grassroots
Grassroots lobbying
lobbying

Grassroots Lobbying

Grassroots
Lobbying

Cyberadvocacy

27

Mobilizing the “grassroots”—
individual citizens who might be
most directly affected by legislative
activity—to political action

Using the Internet to amass
grassroots support, and enable
grassroots supporters to
contact their legislators

Coalition Building
1.

Manage the sequence in which issues are
addressed

2.

Increase the visibility of certain issues

3.

Unbundle issues into smaller subissues

28

Political Action Committees
Political Action Committees (PACs) are groups
of like-minded businesses using financial
resources to influence government.

Golden
Golden Rule
Rule of
of Politics:
Politics:
“He
“He who
who has
has the
the gold,
gold, rules.”
rules.”

29

Political Action Committees
Political Action Committees (PACs) are groups
of like-minded businesses using financial
resources to influence government.

Golden
Golden Rule
Rule of
of Politics:
Politics:
“He
“He who
who has
has the
the gold,
gold, rules.”
rules.”

30

Political Action Committees
Arguments
ArgumentsFor
ForPACs
PACs

PACs are a reasonable
means that business may
use to organize their
contributions to candidates
for office.

31

Arguments
ArgumentsAgainst
Against PACs
PACs
PACs expect something in
return other than good
government and this can lead
to differing treatment for
those who give and those
who cannot,
such as the poor.

Political Action Committees
Conditions Needed for Effective PAC Contributions
1.

When the issue is less visible

2.

During the early stages of the legislative process

3.

When the issue is narrow, specialized, or
unopposed

4.

When PAC’s are allied

5.

When PAC’s adapt lobbying techniques to their
contribution strategies

32

Indonesian business-related regulation list

CASE STUDY

34

35

Trade off: Industrialisasi, peluang kerja,
profit perusahaan
Tujuan UU minerba: menciptakan lapangan pekerjaan dan hilirisasi sektor pertambangan.
12 Januari 2014 :Pemerintah mulai memberlakukan UU No.4 tahun 2009 tentang
Pertambangan Mineral dan Batubara pada lalu melalui Peraturan Pemerintah No.1 tahun
2014
Ancaman PHK massal terhadap 15.000 hingga 21.000 pekerja dari total 31.000 orang
pekerja di areal pertambangan PT Freeport Indonesia- demonstrasi pekerja
Ancaman gugatan jepang&UE kepada WTO
Permen ESDM No.1 tahun 2014, tentang Pelaksanaan Kegiatan Usaha Pertambangan
Mineral dan Batubara: enam mineral logam (tidak termasuk batubara) masih bisa
diekspor sesuai ketentuan kadar pengolahannya, dan tidak harus dimurnikan. Mineral
logam tersebut yakni tembaga, pasir besi, bijih besi, seng, timbal, serta mangaan

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