TINJAUAN YURIDIS TERHADAP KONSUMEN YANG DIRUGIKAN OLEH PELAKU PRAKTIK MONOPOLI (STUDI KASUS TENTANG KARTEL YANG DILAKUKAN OLEH PT YAMAHA DAN PT ASTRA HONDA)
Abstract
Business competition is competition between competition in carrying out
production and marketing activities of goods and services. Competition is a
strategy to advance the company by producing good quality products through new
discoveries and ways to run a better company. This kind of competition is fair
competition, where competition is justified by law and brings profits without
harming competition. In addition to fair business competition there is unfair
business competition, which is business competition that is carried out not in
competition, against the law, and against competition.
This research is a normative juridical research that conceptualizes law as
a norm including values, positive law and court decisions. Legal materials are
collected by means of document studies and library research, namely by
combining primary, secondary and tertiary legal materials related to unfair
business competition law. The analysis of legal materials is carried out by
descriptive analysis, namely describing or explaining what it is about a legal
event or legal condition based on primary legal norms.
The conclusions that can be obtained from the results of the study are
First, the Cartel Practices Conducted by PT. Yamaha and PT. Astra That Causes
Loss to Consumers Based on Law Number 5 of 1999 concerning Prohibition of
Monopolistic Practices and Unfair Business Competition, namely Article 5
paragraph 1 and Article 47 Paragraph 2 letter f of Law No. 5 of 1999. Second,
the legal consequences arising from cartel practices in the price fixing agreement
between PT. Yamaha Indonesia Motor Manufacturing and PT. Astra Honda
Motor Which Was Decided To Violate Law Number 5 of 1999 In Supreme Court
Decision Number: 217 k/pdt.suskppu/2019, namely a fine of Rp. 25 billion and a
maximum fine as regulated in Law Number 5 of 1999 concerning Prohibition of
Monopolistic Practice and Unfair Business Competition.
Keywords: Business Competition, Prohibited Agreements, Cartels, Pricing.
production and marketing activities of goods and services. Competition is a
strategy to advance the company by producing good quality products through new
discoveries and ways to run a better company. This kind of competition is fair
competition, where competition is justified by law and brings profits without
harming competition. In addition to fair business competition there is unfair
business competition, which is business competition that is carried out not in
competition, against the law, and against competition.
This research is a normative juridical research that conceptualizes law as
a norm including values, positive law and court decisions. Legal materials are
collected by means of document studies and library research, namely by
combining primary, secondary and tertiary legal materials related to unfair
business competition law. The analysis of legal materials is carried out by
descriptive analysis, namely describing or explaining what it is about a legal
event or legal condition based on primary legal norms.
The conclusions that can be obtained from the results of the study are
First, the Cartel Practices Conducted by PT. Yamaha and PT. Astra That Causes
Loss to Consumers Based on Law Number 5 of 1999 concerning Prohibition of
Monopolistic Practices and Unfair Business Competition, namely Article 5
paragraph 1 and Article 47 Paragraph 2 letter f of Law No. 5 of 1999. Second,
the legal consequences arising from cartel practices in the price fixing agreement
between PT. Yamaha Indonesia Motor Manufacturing and PT. Astra Honda
Motor Which Was Decided To Violate Law Number 5 of 1999 In Supreme Court
Decision Number: 217 k/pdt.suskppu/2019, namely a fine of Rp. 25 billion and a
maximum fine as regulated in Law Number 5 of 1999 concerning Prohibition of
Monopolistic Practice and Unfair Business Competition.
Keywords: Business Competition, Prohibited Agreements, Cartels, Pricing.
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