TINJAUAN YURIDIS TERHADAP PUTUSAN KPPU DALAM KASUS TEMASEK (Perkara Nomor 07/KPPU-L/2007)

Azis, Jainal Abdul (2008) TINJAUAN YURIDIS TERHADAP PUTUSAN KPPU DALAM KASUS TEMASEK (Perkara Nomor 07/KPPU-L/2007). S1 thesis, UAJY.

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Abstract

The Supervisory Institution of the Business Competition (KPPU) is an independent institution for supervising the business competition with the aim of establishing the health and cooperative climate of business. There are many cases of violation in business competition, on which optimally fair actions are necessary to take with great insight, carefulness, and wisdom. However, in case of Temasek Holdings, condemned as evidently violating the act on prohibition of monopoly and unhealthy business competition practices, the basis of consideration and legal verdict made by the KPPU was controversial. The KPPU was considered as much exceeding its authority and verdicts made were impressed to be exceedingly imposed, so there was no legal security. Purpose of the study is to find out the implementation of Act No. 5/1999 on prohibition of monopoly and unhealthy business competition practices. The study uses a normative method with focus on the implementation of the prevailing positive legal norms (legislations). From the result of the study, it can be concluded that the implementation of Act No. 5/199 on prohibition of monopoly and unhealthy business competition practices by the KPPU was actually inappropriate, because its legal considerations instead tended to raise the legal insecurity. Therefore, it is required to distinctly regulate the matters in the Act No. 5/1999 through amendment, so the KPPU can be facilitated in making optimally fair decisions.

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