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BukuPENUNJUKAN LANGSUNG OLEH BADAN USAHA MILIK NEGARA DALAM PENYEDIAAN LAYANAN JASA PADA GENERAL AVIATION TERMINAL BANDARA INTERNASIONAL I GUSTI NGURAH RAI (STUDI PUTUSAN MA NOMOR 728 K/PDT.SUS-KKPU/2015)
Bibliografi
Author: Wahyuningtyas, Sih Yuliana (Advisor); SOALOON, SATRIA
Topik: Business Economics Law; Direct Appointment; Monopoly
Bahasa: (ID )    
Penerbit: Fakultas Hukum Universitas Katolik Indonesia Atma Jaya     Tempat Terbit: Jakarta    Tahun Terbit: 2019    
Jenis: Theses - Undergraduate Thesis
Fulltext: Satria Soaloon_Undergraduate Theses_2019.pdf (4.17MB; 21 download)
Abstract
In implement the procurement of goods and services, BUMN have the authority to implement monopolies and also directly appoint suppliers of goods and services. In the case that the author examined, it was discussed how PT Angkasa Pura I as the BUMN who manage I Gusti Ngurah Rai airport use its authority to appoint PT Execujet Indonesia directly, so that it monopolizes the services of the General Aviation Terminal (GAT) at I Gusti Ngurah Rai airport. PT Execujet Indonesia as the sole manager has made a loss to consumers, because consumers have no other choices to choose and are forced to get the services only from PT Execujet Indonesia. This has provided obstacles for other businesses to compete in a healthy manner and to provide the best service to the wider community. One of the requirements for BUMN to make direct appointments is that the Directors form a procedure through a Decree of the Directors, as mentioned in Article 9 of the Regulation of the Minister of BUMN: PER-15/MBU/2012. However, Article 9 must comply with the principles of procurement of goods and services in accordance with Article 2 of the BUMN Minister Regulation. Article 2 of the BUMN Minister Regulation explains that the procurement of BUMN goods and services must be transparent and competitive. It is difficult to harmonize, because direct appointment eliminated the competition and can cause business competition law problems as in the case of direct appointment by PT Angkasa Pura I to PT Execujet Indonesia. The legal consideration of the judge in the MA Decision Number 728 K/Pdt.Sus-KPPU/2015 will be examined by the author from the perspective of business competition law in this case of decision.
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