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BukuUnfair business competition in bankruptcy institutions and suspension of debt payment obligations in Indonesia
Bibliografi
Author: Rahardhini, Halida ; Emirzon, Joni ; Purba, Hasim ; Harianto, Dedi
Topik: Unfair business competition practices; Bankruptcy
Bahasa: (EN )    
Tahun Terbit: 2024    
Jenis: Article - diterbitkan di jurnal ilmiah internasional
Fulltext: Unfair business competition in bankruptcy institutions.pdf (278.34KB; 0 download)
Abstract
Unfair business competition is a common phenomenon in the business world, despite the existence of regulations prohibiting monopolistic practices and unfair competition, namely Law Number 5 of 1999. In principle, competition among business actors is a natural aspect of business activities; however, it must be conducted in accordance with legal provisions governing fair competition. Along with the increasingly complex development of the business environment and the aging of anti-monopoly and unfair competition regulations, the forms of unfair business practices have also evolved. This paper specifically examines unfair business competition practices carried out through the bankruptcy of competing business actors. The study employs a normative juridical research method, emphasizing literature review of applicable laws and regulations in Indonesia, supported by relevant scholarly references, and using a descriptive-analytical approach. Based on the analysis, competition for market share control is highly strategic for business actors. As a result, some actors resort to unfair practices as regulated under anti-monopoly and unfair competition law. From the perspective of bankruptcy law, such unfair competition may occur due to weaknesses in the regulatory framework governing bankruptcy requirements, particularly as stipulated in Article 2 paragraph (1) of the Bankruptcy and Suspension of Debt Payment Obligations Law (UUK & PKPU).
Kajian editorial
Article from : 4th International Conference on Law Reform, KnE Social Sciences, pages 284–291
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