Sugianto, Richard Sebastian
(2019)
Perjanjian tertutup dan penguasaan pasar dalam Bancassurance (studi kasus putusan Mahkamah Agung no. 703 K/Pdt.Sus-KPPU/2015) = Exclusive dealing and market control on Bancassurance (case study on verdict no. 703/Pdt.Sus-KPPU/ 2015).
Bachelor thesis, Universitas Pelita Harapan.
Full text not available from this repository.
Abstract
Bancassurance is a form of partnership between banks and insurance
companies that is authorized by law, however, it does not rule out the possibility
of monopolistic practices and unfair business competitions. The Home Loan
product (Kredit Pemilikan Rumah) of PT Bank Rakyat Indonesia (PT BRI)
obligates the debtors to acquire insurance from the consortium of PT Asuransi
Jiwa Bringin Jiwa Sejahtera (PT Bringin) and PT Heksa Eka Life Insurance (PT
Heksa). Komisi Pengawas Persaingan Usaha (KPPU) concluded that the product
and its partnership, violates Law No. 5 Year 1999 concerning The Prohibition of
Monopolistic Practices and Unfair Business Competition (Law 5/1999) especially
Article 15 section (2) and Article 19 letter a. The Supreme Court has issued its
decision which differs from the decision of KPPU; however, there is a dissenting
opinion by a Supreme Court member that presided over the case. The purpose of
this research is to get a deeper understanding on Article 15 section (2) and Article
19 letter a of Law 5/1999 and to analyze the legal reasonings of the Supreme
Court Verdict No. 703/Pdt.Sus-KPPU/2015. The type of research that the Author
uses is normative research by using secondary data that is analyzed by qualitative
analysis technique, and using the statute approach and the case approach. The
outcome of this research indicates that the Supreme Court concludes that the
exception that is regulated on Article 50 letter A of Law 5/1999 is applied in this
case, whereas the reasonings of a member of the Supreme Court is contradictory
towards the verdict.
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