PERSAINGAN USAHA TIDAK SEHAT DALAM PERSENGKONGKOLAN TENDER PENGADAAN BUKU PEMERINTAH OLEH PERUSAHAAN PENERBITAN DAN PERCETAKAN

LIE, ADI SURYAWAN (2017) PERSAINGAN USAHA TIDAK SEHAT DALAM PERSENGKONGKOLAN TENDER PENGADAAN BUKU PEMERINTAH OLEH PERUSAHAAN PENERBITAN DAN PERCETAKAN. S2 thesis, UAJY.

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Abstract

The thesis entitled: “Unfair Competition in Bid Rigging on Government Books Procurement by Publishing and Printing Companies”coversproblem formulation which is also the purposes of this study, namely how the practicesin thebid riggingon special allocation fund (DAK) Government books procurement, efforts that can be made to minimize the occurrence of bid rigging andBusiness Competition Law which is possible or may be applied in the future (Ius constituendum). This type of research is an empirical legal research with the approach of legal comparation with a focus on the study of business competition law/regulation, especially on the prohibition of bid rigging on the government DAK books procurement. Based interviews and studies KPPU decision Number 39/KPPU-L/2008 shows that the practice ofbid rigging on the DAK books procurement can occur in all stages of tender. Efforts to minimize the occurrence of bid rigging can be taken by the company by implementing effective business ethics. The government through policies and regulations create healthy competition and internalization of values, rules and legal regulations on bid rigging prohibition accompanied by more consistent and effective law enforcement. Ius Constitutum study shows that business competition law applies particularly bid rigging prohibition of Article 22 of Law Number 5 of 1999 on the prohibition of monopolistic practices and unfair business competition and its implementing regulations, there are some disadvantages therefore it needs to be done repair/improvement in legal arrangment especially prohibition of bid rigging that apply in the future (Ius Constituendum), and the bid rigging Prohibition in Business Competition of Japan and Singapore as a comparison. It is then followed by Law Enforcement by the Commission of Business Competition Supervisor (KPPU) that is more transparent, fair and effective and supported by judiciary intitutionto create fair business competition, abolish/or minimize the bid rigging (especially in the tender of Government DAK books procurement) and provide legal certainty, justice and prosperity for the people.

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