PENETAPAN HARGA (PRICE FIXING) DALAM PERSAINGAN USAHA TIDAK SEHAT TERKAIT DENGAN INDUSTRI SEPEDA MOTOR (STUDI PUTUSAN KPPU NOMOR 04/KPPU-I/2016)
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Institusion
Universitas Sriwijaya
Author
ZAINUL MARZADI (STUDENT ID : 02012681620017)
Annalisa Yahanan (LECTURER ID : 0025106204)
Happy Warsito (LECTURER ID : 0007025704)
Annalisa Yahanan (LECTURER ID : 0025106204)
Happy Warsito (LECTURER ID : 0007025704)
Subject
K(520)-5582 Comparative law. International uniform law
Datestamp
2019-11-15 03:32:05
Abstract :
One thing that is an important concern for business people is the rise of price fixing practices in the marketing of the automatic motorcycle industry in Indonesia. The latest motorcycle case is the alleged existence of price fixing cartel in motorcycle industryofscootermaticclass110-125cc. Business Competition Supervisory Commission (KPPU) suspects that there is an unhealthy business practice of selling automatic scooters by two companies, PT. Yamaha Indonesia Motor Manufacturing (YIMM) and PT. Astra Honda Motor (AHM). The two companies control approximately 97% of the motorcycle market share by setting prices as high as possible to hamper other scooter motor vehicle industry companies. KPPU is expected to be able to trace whether there is an indication of a cartel agreement, unfair business competition that occurs in the motorcycle industry in Indonesia. It is not found but price fixing through Article 5 paragraph 1 of Law No.5 Year 1999. Due to this, it is needed to conduct research on law enforcement of business competition and an effort to ensure the enforcement of the law. For this reason, the writer conducts Explanatory Legal Juridical Research. Data is collected through literature review. Paying attention to the condition of Indonesia's economic development, restructuring business activities in Indonesia is needed, so that the business world can grow healthily so that the business competition climate becomes healthy and avoid the concentration of economic power in certain individuals or groups such as monopolistic practices and unfair business competition that harms the community. The lack of socialization of Law No.5 Year 1999 among business actors, the process of investigation and proof of price fixing practices conducted by KPPUusing the Ride of Reason approach and the relatively long time required make KPPUdifficult. KPPU must also be able to prove economically that a price fixing can result in unfair business competition. It is hoped that KPPU can prove that there is an agreement among business actors (Per Se illegal). In order for KPPU to have legality in investigations, it is necessary to amend the provisions governing the authority of KPPU in investigating Price Fixing Agreement so that consumers can be protected in accordance with our expectations for a better national economy.
One thing that is an important concern for business people is the rise of price fixing practices in the marketing of the automatic motorcycle industry in Indonesia. The latest motorcycle case is the alleged existence of price fixing cartel in motorcycle industryofscootermaticclass110-125cc. Business Competition Supervisory Commission (KPPU) suspects that there is an unhealthy business practice of selling automatic scooters by two companies, PT. Yamaha Indonesia Motor Manufacturing (YIMM) and PT. Astra Honda Motor (AHM). The two companies control approximately 97% of the motorcycle market share by setting prices as high as possible to hamper other scooter motor vehicle industry companies. KPPU is expected to be able to trace whether there is an indication of a cartel agreement, unfair business competition that occurs in the motorcycle industry in Indonesia. It is not found but price fixing through Article 5 paragraph 1 of Law No.5 Year 1999. Due to this, it is needed to conduct research on law enforcement of business competition and an effort to ensure the enforcement of the law. For this reason, the writer conducts Explanatory Legal Juridical Research. Data is collected through literature review. Paying attention to the condition of Indonesia's economic development, restructuring business activities in Indonesia is needed, so that the business world can grow healthily so that the business competition climate becomes healthy and avoid the concentration of economic power in certain individuals or groups such as monopolistic practices and unfair business competition that harms the community. The lack of socialization of Law No.5 Year 1999 among business actors, the process of investigation and proof of price fixing practices conducted by KPPUusing the Ride of Reason approach and the relatively long time required make KPPUdifficult. KPPU must also be able to prove economically that a price fixing can result in unfair business competition. It is hoped that KPPU can prove that there is an agreement among business actors (Per Se illegal). In order for KPPU to have legality in investigations, it is necessary to amend the provisions governing the authority of KPPU in investigating Price Fixing Agreement so that consumers can be protected in accordance with our expectations for a better national economy.
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