PERLINDUNGAN HAK KONSUMEN TERHADAP INDIKASI DALAM PASAR OLIGOPOLI (DITINJAU DARI UNDANGUNDANG NO.5 TAHUN 1999

JONATHAN, JEFRY (2015) PERLINDUNGAN HAK KONSUMEN TERHADAP INDIKASI DALAM PASAR OLIGOPOLI (DITINJAU DARI UNDANGUNDANG NO.5 TAHUN 1999. Jurnal Ilmu Hukum. p1-15.

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Abstract

This research is entitled oligopoly market structure based on Act Number 5 Year 1999 that might cause the goods or service cost variation, and non-variant price on social goods and/or service price variation towards Indonesian consumer protection. This research utilized juridical normative research method, with the secondary data consisted of primary, secondary, and tertiary law material. The research data collection utilized literature study. This analysis method utilized qualitative analytical by exposing positive and horizontal law structure concerning prohibited agreement indication using dominant position in oligopoly market structure, and also consumer right protection towards price variation. It utilized deductive thinking process in drawing conclusion based on law regulations and doctrine. Oligopoly market structure based on Act Number 5 Year 1999 on the Monopoly Practice Prohibition and Unhealthy Business Competition do not cause price variation on goods and/or service. There was no price variation in oligopoly market which was caused by interacting oligopoly market and actors and reaction dependency in related market, which indicated tacit collusion in doing business strategy. It had dominant position of business actors in oligopoly market and was supposed to do unilateral actions by determining trade requirement (abuse of dominant position) through horizontal prohibited agreement, in which the agreement can influence price and cause market law mechanism to not occur (demand and supply) and omitting health business competition, so that business competition climate does not support costumer protection towards selecting rights from price aspect. Price similarity towards social goods commodity influence consumer rights violation in Paragraph 4 article b Act Number 8 Year 1999, which were the rights of choosing and goods exchange value. The inexistence of those rights caused violation towards costumer protection law norms, so that the law objective was not created in giving justice, benefit and legal certainty.

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