CD Skripsi
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 “Business actors are prohibited from entering into agreements with
business competitors to set prices for goods and or services that must be paid for.
by consumers or customers in the same relevant market” and Article 47
Paragraph 2 letter f of Law No. 5 of 1999, because it only imposes fines on Honda
and Yamaha, where the basis for imposing the fine is because of losses suffered by
the community because they do not get the competitive sales of 110-125 cc
automatic scooters in the 2014 sales period. 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. Meanwhile, if you look at this case,
the profits from the Yamaha and Astra cartels are more than 55 billion. The fine
against Yamaha is 25 billion and the fine against Astra is 22.5 billion for a total
of 47.5 billion. which means that astra and yamaha can still get quite a large
profit, of course this is very injurious to consumer rights.
Keywords: Business Competition, Prohibited Agreements, Cartels, Pricing.
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