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Mencermati UU No. 5 / 1999 Dalam Memberikan Kepastian Hukum Bagi Pelaku Usaha
Sirait, Ningrum Natasya
Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Jurnal Hukum Bisnis vol. 22 no. 1 (2003)
Perpustakaan Pusat (Semanggi)
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Lihat Detail Induk
Various regulation will have no meaning unless there is a warranty of legal certainty upon the dicision which has been made. In the business world the existence of legal certainty is prerequisite for every business transaction. The legal certainty is also needed by the legal apparatus including the commission for business competition control (KPPU) in which the existence is ordered by the law no. 5 of 1999 about anti monopoly and prohibition of unfair competition. The commission is an autonomous body which is sterile from the influence of the government or another party and the task is to control the implementation of the law no. 5 of 1999. The legal certainty can be brought into reality if the regulator, the law enforcement apparatus and the community are in the same perception as that the law must be enforced to whomever for justice. The law as a legal product merely becomes a social engineering, if there is no legal certainty, since the substantive values of law will become ineffective to be forced by the apparatus. Whenever the legal apparatuses have already owned different perception which creates controversy in the understanding of legal product such happening with the status and yurisdiction of the commission for business competition control (KPPU) as regulated by the law no. 5 of 1999, then the legal certainty becomes far away. This article focuses on the issue legal certainty of the law no. 5 year 1999, for which all parties ultimately the legal apparatuses should have the same view as that substantive values of the law must be upheld, since those values have reflected aspiration of indonesian people who are anti monopoly and unfair competition.
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