Analisis Yuridis Putusan Komisi Pengawas Persaingan Usaha (KPPU) Perkara No. 10/ KPPU-I/2015 dalam Perdagangan Sapi Impor di Jakarta, Bogor, Depok, Tangerang dan Bekasi
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Institusion
Universitas Sumatera Utara
Author
(LECTURER ID : 0017016203)
Pamungkas, Ridho (STUDENT ID : 147005113)
(LECTURER ID : 0013076207)
Pamungkas, Ridho (STUDENT ID : 147005113)
(LECTURER ID : 0013076207)
Subject
cartel
Datestamp
2022-11-30 07:32:35
Abstract :
In the cattle trade in Indonesia, there is a beef supply chain that provides an opportunity for beef importers as feedloters to regulate supply availability and control prices, or what is known as a cartel. The allegation of a cattle trading cartel in Jabodetabek stems from the slaughter strike by the RPH Association in the Jabodetabek area in August 2015. The reason for the strike is because RPH cannot sell beef due to the increase in the purchase price of imported cattle supplied by feedloters. Based on the results of research conducted by KPPU's investigators, the increase in the price of imported cattle occurred due to the supply restriction action taken by the feedloter. Through a series of evidentiary processes carried out, KPPU as the authorized institution in handling cartel cases, declared 32 (thirty-two) business actors who were importers and feedloters who were proven to have practiced cartel practices and market control. To determine the business actor who is reported to have violated the competition law, the evidentiary process is an important element in deciding the existing violation. Proof of Prohibited Agreements in the form of a cartel and proof of Prohibited Activities in the form of market domination shall be carried out by KPPU by using indirect evidence. From the results of research conducted on the evidence carried out by KPPU, there are several weaknesses in proving the existence of hoarding of cattle due to prohibitions or obstacles to RPH to buy cattle from feedloters. In addition, it is also not proven that there are obstacles to competitors because in the relevant market for imported cattle, there is no competition between importers and local cattle breeders. In terms of proving the rule of reason, the feedloter's action to regulate sales to RPH is carried out in order to maintain the continuity of cattle supply to consumers. This should be taken into consideration by KPPU in reading the impact of feedloter behavior.
In the cattle trade in Indonesia, there is a beef supply chain that provides an opportunity for beef importers as feedloters to regulate supply availability and control prices, or what is known as a cartel. The allegation of a cattle trading cartel in Jabodetabek stems from the slaughter strike by the RPH Association in the Jabodetabek area in August 2015. The reason for the strike is because RPH cannot sell beef due to the increase in the purchase price of imported cattle supplied by feedloters. Based on the results of research conducted by KPPU's investigators, the increase in the price of imported cattle occurred due to the supply restriction action taken by the feedloter. Through a series of evidentiary processes carried out, KPPU as the authorized institution in handling cartel cases, declared 32 (thirty-two) business actors who were importers and feedloters who were proven to have practiced cartel practices and market control. To determine the business actor who is reported to have violated the competition law, the evidentiary process is an important element in deciding the existing violation. Proof of Prohibited Agreements in the form of a cartel and proof of Prohibited Activities in the form of market domination shall be carried out by KPPU by using indirect evidence. From the results of research conducted on the evidence carried out by KPPU, there are several weaknesses in proving the existence of hoarding of cattle due to prohibitions or obstacles to RPH to buy cattle from feedloters. In addition, it is also not proven that there are obstacles to competitors because in the relevant market for imported cattle, there is no competition between importers and local cattle breeders. In terms of proving the rule of reason, the feedloter's action to regulate sales to RPH is carried out in order to maintain the continuity of cattle supply to consumers. This should be taken into consideration by KPPU in reading the impact of feedloter behavior.
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