ANALISIS TERHADAP PERJANJIAN EKSKLUSIF DALAM SPONSORSHIP ANTARA PT. BUDIMAN SUBRATA NIAGA DENGAN HUGO’S CAFÉ YOGYAKARTA MENURUT UU NO.5 TAHUN 1999

Rintuh, Meina Theresa (2007) ANALISIS TERHADAP PERJANJIAN EKSKLUSIF DALAM SPONSORSHIP ANTARA PT. BUDIMAN SUBRATA NIAGA DENGAN HUGO’S CAFÉ YOGYAKARTA MENURUT UU NO.5 TAHUN 1999. S1 thesis, UAJY.

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Abstract

Law Number 5 of 1999 about the Prohibition of Monopoly Practice and Unfair Trade Competition prohibits the present the market occupation. Market can be occupied by exclusive dealing published by entrepreneurs. For instance is the exclusive dealing in sponsorship between PT. Budiman Subrata Niaga as Field Promotion Agency Marlboro and Hugo's Cafe Yogyakarta. The statements in that dealing said Marlboro will be the single sponsor in certain events held by Hugo's Cafe Yogyakarta. The data of the research was analyzed using qualitative descriptive method and the drawing conclusion by deductive method. The exclusive dealing in sponsorship is analogized with market occupation as it can restrict other entrepreneurs to hold same business. But it must be underlined that Marlboro market occupation is only for economic reasons (products promotion). Based on the Explanation of Law Number 5 of 1999 Article 19 a, economic is one of exception reason for market occupation. And then, in Law Number 5 of 1999 Article 50 b, another exception is about trade mark. Thus, as Marlboro is a trade mark of cigarette by Philip Morris, exclusive dealing in sponsorship between PT. Budiman Subrata Niaga and Hugo's Cafe Yogyakarta was legal and didn't break any law in Law Number 5 of 1999. It will be better if Hugo's Cafe Yogyakarta hold dealings with other cigarette promotion agencies. It's important for preventing from wrong exception that PT. Budiman Subrata Niaga monopolizes market in Hugo's Cafe Yogyakarta.

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