Art Original

Tinjauan Hukum Praktek Monopoli Dan Persaingan Usaha Tidak Sehat Oleh Pt Carrefour Indonesia Terhadap Penjualan Barang Ritel Berdasarkan Undang-undang Nomor 5 Tahun 1999

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Unfair business competition conducted by PT Carrefour Indonesia, according to the Business Competition Supervisory Commission (KPPU), is the domination of the market after the dominant position held by PT Carrefour Indonesia. This is done by applying trading terms to suppliers, which has the potential to harm Small and Medium Enterprises (SMEs) as well as to harm traditional retailers due to unbalanced competitiveness. So that the market domination by PT Carrefour Indonesia, which violates the provisions of Law Number 5 Year 1999. Based on the above background, the problems discussed in this study are how the monopolistic practices and unfair business competition carried out by PT Carrefour Indonesia regarding the sale of retail goods based on Law Number 5 of 1999, and how is the decision of the Business Competition Supervisory Commission (KPPU) on monopolistic practices and unfair business competition by PT Carrefour Indonesia based on Law Number 5 of 1999. This type of research is included in the normative legal research category, namely research that legally examines the KPPU's decision on monopolistic practices and unfair business competition conducted by PT Carrefour Indonesia on the sale of retail goods based on Law Number 5 of 1999. While seen from the nature of the research, it can be identified that it is analytical descriptive, meaning that this research provides an overview of a complete, detailed and clear statement regarding the problem under study. From the research results it can be seen that, monopolistic practices and unfair business competition conducted by PT Carrefour Indonesia on the sale of retail goods can be seen from the market power it does, namely: (1) has the ability to access to sell products that are greater, (2) more access capabilities, (3) promotion places that can improve product image and promotion new products, (4) a significant percentage of the sales value of supplier products, (5) having many outlets in strategic locations. Thus, PT Carrefour Indonesia has market power and has a dominant position in the retail market, which violates the provisions of Law Number 5 Year 1999. Judging from the market power (market power) owned by PT Carrefour Indonesia, which has the potential to abuse its business in the retail market, the selling price of products in traditional markets that cannot compete with modern markets, has shown a dominant position in the retail business in Indonesia, so that the company dominates the sale of retail goods in various forms and types. From several facts obtained by the KPPU in connection with the violations committed by PT Carrefour Indonesia, the KPPU in its decision stated that PT Carrefour Indonesia has violated Article 19 and Article 25 of Law Number 5 Year 1999.

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Detail Information

Call Number

Hukum Bisnis 343.072 Tin A

Language

Indonesia

NPM

181021043

Publisher

Hukum Bisnis : Universitas Islam Riau., 2020

Keyword(s)

Prohibition of monopoly and unfair business compet

Other Information

Petugas

Luthfi Pratama

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