Judicial review regarding the practice of conspiracy in tenders under the businsess competition law in indonesia (kppu's verdict case study)

Victorius, Olivia (2017) Judicial review regarding the practice of conspiracy in tenders under the businsess competition law in indonesia (kppu's verdict case study). Masters thesis, Universitas Pelita Harapan.

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Abstract

Fair Trade Practice is mandated at Indonesia’s Constitution under Law No 5 Year 1999 on Prohibition of Monopoly Practice and Unfair Business Competition. However, findings of unfair business practice and negligence on the very law itself is committed throughout Indonesia’s history. The purpose of this study was to determine the setting of riggings committed by the companies and legal considerations followed by actions taken by the Commission in imposing the legal sanctions against all these unlawful business practices in tenders with the reference to Law No.5 of 1999 concerning. This research uses a normative juridical prescriptive approaches to legislation and case study approach. The data used is primary and secondary legal materials through literature study techniques and to implement analysis are then to be analyzed qualitatively to be concluded. The results concluded that the collusion and conspiracy in tenders are to be imposed only if they are evident, an action that requires proof and bind the company as a form of violation of fair business competition. Similarly, in determining whether a conspiracy is apparent requires the fulfillment of the elements of the clauses are clearly violated by the findings, As KPPU reference is taken into Articles 22 of Law No. 5 of 1999 on Prohibition of Monopoly Practice and Unfair Business Competition. As for violations taken into account as Horizontal Conspiracy, the Commission related has the authority to impose administrative sanctions e.g. Fines or Compensation even banned from tenders practices that the decision itself clash with Article 47 of Law No.5 of 1999. However, in the case of Tenders committees (Vertical Conspiracy), the Commission does not have the authority to impose sanctions rather than releasing recommendations to the related officials who is directly responsible to the referred violators on the sanctions. The sanctions taken are binding but can not be requested for execution by the District Court

Item Type: Thesis (Masters)
Creators:
CreatorsNIMEmail
Victorius, OliviaUNSPECIFIEDUNSPECIFIED
Contributors:
ContributionContributorsNIDN/NIDKEmail
ContributorSilalahi, UdinUNSPECIFIEDUNSPECIFIED
Uncontrolled Keywords: Competition; Conspiracy; Tender; KPPU
Subjects: K Law > K Law (General)
Divisions: University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Master of Law
Current > Faculty/School - UPH Karawaci > Faculty of Law > Master of Law
Depositing User: Ms Devy Christiany Zega
Date Deposited: 05 Apr 2019 03:21
Last Modified: 05 Apr 2019 03:21
URI: http://repository.uph.edu/id/eprint/2815

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