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Journal : Al-Adl : Jurnal Hukum

ANALISIS PENGUASAAN PASAR PADA PELAYANAN JASA BONGKAR MUAT PETIKEMAS OLEH PT. PELINDO III DI PELABUHAN L. SAY MAUMERE Triana Rahmatika Putri; Siti Anisah
Al-Adl : Jurnal Hukum Vol 13, No 2 (2021)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v13i2.4795

Abstract

This study aims to determine the fulfillment of the elements of Article 19 letters a and b of Law No. 5 Year 1999 related to market control carried out by PT Pelindo III. Control of the market in the world of trading is not prohibited, it becomes prohibited if the business actor's behavior is in the sale of goods or services with the aim of killing competitors. In the Decision No. 15/KPPU-L/2018, the Commission Council only stipulated Article 17 paragraph (1) and (2) letter b of Law No. 5 Year 1999 regarding the monopoly carried out by PT Pelindo III. The Commission Council considers that the 100% mandatory stack policy stipulated by PT Pelindo III is not yet feasible to be established at a port that is multipurpose like a container port, especially with the additional logistics costs that are passed on to consumers, this results in losses for various parties. This research is a normative study using a conceptual, a statutory, and a case approach. The research show that it can be concluded that the consideration of the Commission Council in the decision on the actions committed by PT Pelindo III in the case is not in accordance with the rule of reason approach, the action refers to Article 19 letters a and b of Law No. 5 of 1999 which has been proven by considering an economic point of view, seeing the existence of witness evidence, expert testimony, and the Regulation of the Minister of Transportation which was violated by PT Pelindo III.
ANALISIS PASAR BERSANGKUTAN DALAM PUTUSAN KPPU (STUDI PUTUSAN PERKARA NO. 13/KPPU-I/2019 DAN 10/KPPU/-1/2016) Princessa Deanera; Siti Anisah
Al-Adl : Jurnal Hukum Vol 14, No 1 (2022)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v14i1.4847

Abstract

The research entitled "Analysis of Relevant Market in KPPU Decisions (Study on Case Decisions No. 13 / KPPU-I / 2019 and 10 / KPPU / -1 / 2016)" raises two problem formulations, namely: first, how is the determination of the relevant market in Case Decisions. No. 10 / KPPU-I / 2016 and 13 / KPPU-I / 2019? Second, is the determination of the relevant market in Case No. 10 / KPPU-I / 2016 and 13 / KPPU-I / 2019? This research is a normative or doctrinal legal research, which describes, explains, and analyzes legal materials that refer to laws and regulations and KPPU's decisions relating to the determination of the relevant market. Analysis in legal materials in this study uses a qualitative descriptive approach, which is carried out by collecting legal materials, qualifying them, connecting theories related to research problems, drawing conclusions to determine the results and recommendations. The results of this study indicate, in Case No. 10 / KPPU-I / 2016, KPPU does not consider indicators (price, characteristics, and function) of the relevant market and geography. Meanwhile, in the case No. 13 / KPPU-I / 2019, KPPU makes considerations based on indicator indicators (price, characteristics, and functions). Thus, it appears that the two KPPU decisions are not in accordance with the provisions of KPPU Regulation No. 3 of 2009.