Antimonopoly Law in Indonesia : Its History and Challenges Ahead  

Oleh:

Juwana, Hikmahanto

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Hukum Bisnis vol. 19 (2002), page 26-28.
Topik: monopoly - law; anti monopoly law

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ102.2 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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The law no. 5 / 1999 is a milestone of the jurisprudence in indonesia, since the law has changed the legal culture from cooperation behaviour into competition behaviour. Socialization of the law shall be addressed to business world, government apparatus, prosecutors, judges, lawyers as well as political parties. Some believe that economic background or business knowledge is an important requirement for fully understanding the law and for successful enforcement of the law. According to the article 4 section (2) the law uses "rule of reason" for determining whether two or three or group of business practices seized over 75% market share of production and / or marketing and / or services of a certain good or service can be classified as a monopoly actor. The aim and result of every antimonopoly law, is effective, is in the creation of fair competition in the market economy. Once established, it may generate wealthier public prosperity, improve efficiency amongst economic organizations and therefore enhance national economy competitiveness. To be fair, hopefully, the court and the commission (KPPU) together decide the standard of reason whether business arrangement or agreement is restrain of trade or not. These are by no means perfect rules, at least the court and / or the commission has the same perception in the anticipation of the challenger that will be faced with.

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