CD Skripsi

Analisis Penerapan Rule Of Reason Dalam Penegakan Hukum Atas Persekongkolan Barang/Jasa Di Kementerian Pekerjaan Umum Dan Perumahan Rakyat (PUPR) Kalimantan Tengah

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This research is motivated by the results of decisions in KPPU decisions Number 03/KPPU-L/2018, Number 04/KPPU-L/2018, and Number 06/KPPU-L/2018 . Stakeholder employees appointed to be on the tender implementation committee were involved in the conspiracy to win one of the business actors. The tender committee facilitated collusion with one of the tender participants. The action taken by the tender implementation committee is to organize and win certain tender participants, namely one of the Reported Parties, by providing exclusive and preferred opportunities and to help organize the Reported Party group to be able to win the tender by displacing other Reported Parties at the technical level even though the documents are complete. This research aims to determine the application of the rule of reason approach and law enforcement regarding goods/services collusion in the Ministry of Public Works and Public Housing (PUPR) in Central Kalimantan. The method used is descriptive normative legal research using a statutory-regulatory approach to regulations relating to Article 22 of the Anti-Monopoly and Unfair Business Competition Law. This research source uses primary, secondary and tertiary legal materials with data collection techniques based on literature study and data analysis techniques using the deduction method. The research results obtained are related to the application of the rule of reason approach to 3 (three) KPPU decisions, namely Numbers 03/KPPU-L/2018, 04/KPPU-L/2018, and 06/KPPU-L/2018, which are still not perfectly implemented. Furthermore, regarding law enforcement regarding goods/services collusion that occurred at the Ministry of Public Works and Public Housing (PUPR) in Central Kalimantan, in this case to the working group as one of the respondents, the Assembly did not follow the provisions of Article 47 Paragraph (2) Letter F which stipulates there was payment of compensation even though it was legal and proven to fulfill the elements of tender conspiracy as explained in the case above. Even though all of the Reported Parties have been legally and convincingly proven in accordance with Article 22. Therefore, it is necessary for the panel to re-evaluate and analyze the application of the Rule of Reason approach to cases where it is recommended to apply the Tereer approach perfectly for the sake of legal certainty and conformity. which is obtained. The Assembly should also follow the provisions of Article 47 Paragraph (2) Letter F as a guideline for imposing sanctions on all reported parties without exception who are proven to have committed tender conspiracy so as to provide a deterrent effect and provide legal certainty.
Keywords: tender committe, conspiracy, tender

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909110514

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Perdata., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909110514

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

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