[ABSTRAK
Dari semua praktik bisnis yang tidak sehat, Kartel dipersepsikan sebagai bentukpaling berbahaya dari tidakan persaingan usaha karena para pelakunya sepakatmelakukan konspirasi mengenai hal-hal yang bersifat sangat pokok dalam suatutransaksi bisnis. Kartel akan menyebabkan kerugian bagi konsumen. Sifatkerahasiaan kartel menjadi hambatan terbesar bagi otoritas persaingan usahauntuk membuktikkan eksistensi kartel, Indonesia juga mengalami hal tersebut.Untuk sejumlah alasan tersebut, beberapa negara di Barat menggunakanpendekatan per se illegal. Per se illegal memiliki beberapa keunggulandibanding rule of reason dalam mengungkap keberadaan kartel. Tesis inimembahas mengenai pengaturan penerapan pendekatan per se illegal dalamAnti Monopoly Act (AMA) di Jepang dan The Regulation of Monopolies andFair Trade Act (FTA) di Korea Selatan serta kemungkinan penerapanpendekatan per se illegal dalam hukum persaingan di Indonesia. Penelitian iniadalah penelitian yuridis normatif yang menggunakan metode pendekatanperundang-undangan dan pendekatan perbandingan. Hasil penelitianmenyarankan untuk menerapkan ketentuan mengenai pendekatan per se illegalmelalui amandemen Undang-undang Nomor 5 tahun 1999 sejalan dengan itumenambahkan kewenangan KPPU terkait penggeledahan.
ABSTRACT
From of all the unfair business practices, Cartel are perceived as the the mostdangerous from of competitive business, because the principals agreed theconspiracy on matters that are staples in a business transaction. Cartel wouldcause harm to consumers. The confindential nature of cartel has been the biggestobstacle for the Competition authority?s effort to prove the existence of the cartel,Indonesia also experienced it. From some reasons, numerous jurisdictions haveadopted approach of per se illegal. Per se illegal has several advantages comparedto a rule of reason in expose the existence of cartel. This study discussed the ruleon Anti Monopoly Act (AMA) in Japan and The Regulation of Monopolies andFair Trade Act (FTA) in South Korea also addressed the possibility applicationPer Se illegal approach in Indonesia. The study used juridical-normative researchmethod which emphasis on the use of statute and comparative approach. Theresult suggest to implement provisions concerning Per Se Illegal approach troughamandement Law Number 5 year 1999 and in line with the added KPPU?sauthority related search and seizure.;From of all the unfair business practices, Cartel are perceived as the the mostdangerous from of competitive business, because the principals agreed theconspiracy on matters that are staples in a business transaction. Cartel wouldcause harm to consumers. The confindential nature of cartel has been the biggestobstacle for the Competition authority?s effort to prove the existence of the cartel,Indonesia also experienced it. From some reasons, numerous jurisdictions haveadopted approach of per se illegal. Per se illegal has several advantages comparedto a rule of reason in expose the existence of cartel. This study discussed the ruleon Anti Monopoly Act (AMA) in Japan and The Regulation of Monopolies andFair Trade Act (FTA) in South Korea also addressed the possibility applicationPer Se illegal approach in Indonesia. The study used juridical-normative researchmethod which emphasis on the use of statute and comparative approach. Theresult suggest to implement provisions concerning Per Se Illegal approach troughamandement Law Number 5 year 1999 and in line with the added KPPU?sauthority related search and seizure.;From of all the unfair business practices, Cartel are perceived as the the mostdangerous from of competitive business, because the principals agreed theconspiracy on matters that are staples in a business transaction. Cartel wouldcause harm to consumers. The confindential nature of cartel has been the biggestobstacle for the Competition authority?s effort to prove the existence of the cartel,Indonesia also experienced it. From some reasons, numerous jurisdictions haveadopted approach of per se illegal. Per se illegal has several advantages comparedto a rule of reason in expose the existence of cartel. This study discussed the ruleon Anti Monopoly Act (AMA) in Japan and The Regulation of Monopolies andFair Trade Act (FTA) in South Korea also addressed the possibility applicationPer Se illegal approach in Indonesia. The study used juridical-normative researchmethod which emphasis on the use of statute and comparative approach. Theresult suggest to implement provisions concerning Per Se Illegal approach troughamandement Law Number 5 year 1999 and in line with the added KPPU?sauthority related search and seizure.;From of all the unfair business practices, Cartel are perceived as the the mostdangerous from of competitive business, because the principals agreed theconspiracy on matters that are staples in a business transaction. Cartel wouldcause harm to consumers. The confindential nature of cartel has been the biggestobstacle for the Competition authority?s effort to prove the existence of the cartel,Indonesia also experienced it. From some reasons, numerous jurisdictions haveadopted approach of per se illegal. Per se illegal has several advantages comparedto a rule of reason in expose the existence of cartel. This study discussed the ruleon Anti Monopoly Act (AMA) in Japan and The Regulation of Monopolies andFair Trade Act (FTA) in South Korea also addressed the possibility applicationPer Se illegal approach in Indonesia. The study used juridical-normative researchmethod which emphasis on the use of statute and comparative approach. Theresult suggest to implement provisions concerning Per Se Illegal approach troughamandement Law Number 5 year 1999 and in line with the added KPPU?sauthority related search and seizure.;From of all the unfair business practices, Cartel are perceived as the the mostdangerous from of competitive business, because the principals agreed theconspiracy on matters that are staples in a business transaction. Cartel wouldcause harm to consumers. The confindential nature of cartel has been the biggestobstacle for the Competition authority?s effort to prove the existence of the cartel,Indonesia also experienced it. From some reasons, numerous jurisdictions haveadopted approach of per se illegal. Per se illegal has several advantages comparedto a rule of reason in expose the existence of cartel. This study discussed the ruleon Anti Monopoly Act (AMA) in Japan and The Regulation of Monopolies andFair Trade Act (FTA) in South Korea also addressed the possibility applicationPer Se illegal approach in Indonesia. The study used juridical-normative researchmethod which emphasis on the use of statute and comparative approach. Theresult suggest to implement provisions concerning Per Se Illegal approach troughamandement Law Number 5 year 1999 and in line with the added KPPU?sauthority related search and seizure., From of all the unfair business practices, Cartel are perceived as the the mostdangerous from of competitive business, because the principals agreed theconspiracy on matters that are staples in a business transaction. Cartel wouldcause harm to consumers. The confindential nature of cartel has been the biggestobstacle for the Competition authority’s effort to prove the existence of the cartel,Indonesia also experienced it. From some reasons, numerous jurisdictions haveadopted approach of per se illegal. Per se illegal has several advantages comparedto a rule of reason in expose the existence of cartel. This study discussed the ruleon Anti Monopoly Act (AMA) in Japan and The Regulation of Monopolies andFair Trade Act (FTA) in South Korea also addressed the possibility applicationPer Se illegal approach in Indonesia. The study used juridical-normative researchmethod which emphasis on the use of statute and comparative approach. Theresult suggest to implement provisions concerning Per Se Illegal approach troughamandement Law Number 5 year 1999 and in line with the added KPPU’sauthority related search and seizure.] |
T42653-Rini Anjaswari.pdf :: Unduh