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All Journal Media Iuris Reformasi Hukum Trisakti
Raafid Haidar Herfian
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Law, Crime, Criminology & Criminal Justice

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- TINDAKAN MENGHAMBAT MASUK (BARRIER TO ENTRY) PELAKU USAHA DALAM PERSPEKTIF HUKUM PERSAINGAN USAHA: - Raafid Haidar Herfian; Anna Maria Tri Anggraini
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18403

Abstract

The act of inhibiting and/or blocking entry is contained in Article (17), (19), and (25) of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. Barrier to entry result in the difficulty for Business Actors to be participate in the market. The problem is how the qualifications of business actors' actions can be categorized as barriers to entry based on competition law and how the KPPU applies the element of barrier to entry in KPPU’s case. This research is a normative research that uses secondary data and is supported by interviews. The data is analyzed qualitatively and concluded by deductive method. The results of the research and analysis show that barriers to entry can occur due to the behavior of incumbent business actors and/or regulations that makes difficult for new players to enter. The forms of barrier to entry in KPPU decisions are the establishment of internal office memos containing requirements not to sell competitors' products, and setting high tariffs that burden competitors' production costs. Therefore, KPPU needs to clarify the term barrier to entry in its guidelines, and business actors should develop compliance guidelines to prevent violations of Law Number 5/1999
Barriers to Entry: Who Decides and Who Benefits? Anna Maria Tri Anggraini; Sabirin, Ahmad; Raafid Haidar Herfian
Media Iuris Vol. 9 No. 1 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i1.76984

Abstract

Prohibiting the entry of competitors (barriers to entry) into the relevant market is an activity forbidden by Law No. 5 of 1999. Dominant business actors do not solely instigate barriers to entry; regulations can also pose challenges for new entrants to compete in the relevant market. This research aims to identify the factors that create entry barriers imposed by business actors, leading to unhealthy business competition. The research approach uses qualitative-empirical methods, focusing on KPPU decisions, such as Number 15/KPPU-L/2018 and Number 14/KPPU-L/2015. The research findings and analysis reveal that barriers to entry may result from incumbent business actors' actions and/or regulations that facilitate the entry of new players. An example of a barrier to entry, as highlighted in KPPU decisions, involves the issuance of internal office memos that impose restrictions on the sale of competitors' products and impose high tariffs that increase competitors' production costs. A novelty in this study lies in the disclosure of power dynamics in decision-making and profit distribution among stakeholders that affect market accessibility. Then, the authors recommended that the KPPU provide clear guidelines on the term barriers to entry and that business actors develop compliance guidelines to prevent violations of Law No. 5 of 1999.
Co-Authors Anna Maria Tri Anggraini Sabirin, Ahmad