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All Journal International Journal of Law and Public Policy (IJLAPP) Indonesian Journal of Multidisciplinary Science Jurnal AKAL: Abdimas dan Kearifan Lokal Hukum Pidana dan Pembangunan Hukum Reformasi Hukum Trisakti Jurnal Penelitian Pendidikan Indonesia Amicus Curiae Jurnal Legislasi Indonesia
Kerti, Renti Maharaini
Fakultas Hukum Universitas Trisakti
Humanities Automotive Engineering Civil Engineering, Building, Construction & Architecture Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health Social Sciences Transportation Other

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Journal : International Journal of Law and Public Policy (IJLAPP)

 1 
Core-Plasma Pattern Partnership Agreement with Micro-Small Business based on the Perspective of Competition Law Tri Anggraini, Anna Maria; Kerti, Renti Maharaini; Sabirin, Ahmad
International Journal of Law and Public Policy (IJLAPP) Vol 5 No 1: March 2023
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0501.476

Abstract

Partnership agreements that aim to mutually benefit both parties, especially empowering micro and small businesses, often have unfavorable consequences for parties whose bargaining position is weak, so that the business competition authority is also given supervisory authority over the implementation of the agreement. The imbalance in bargaining position in this agreement is the reason for writing to raise the issue of understanding owning and/or controlling micro and small businesses according to the applicable regulations and how it is implemented in the nucleus plasma partnership scheme for the oil palm plantation sector. This normative research includes prescriptive research using secondary data which is analyzed qualitatively and concluded using deductive methods. The results of this study indicate that the notion of having is defined as ownership of equity or capital, while the term control focuses more on managerial control which ultimately has an impact on asset control. The partnership agreement contains several clauses that have the potential to own and/or control micro-small businesses according to Law 20/2008 jo. Law 11/2020, besides that, it also has the potential to violate the provisions or principles of unfair business competition. However, this potential violation is difficult for competition authorities to reach due to the absence of technical regulations that explain the meaning of owning and/or controlling micro and small businesses. Therefore, KPPU needs to prepare further regulations in the form of guidelines that explain the limitations.
Co-Authors Abrianti, Sharda Andini Savira Melati Anna Maria Tri Anggraini Apriyanto, Zaeriko Rizky Aqilah Nurshafira Anwar Dzakiannisa Roskiyasa Faqih Adhyaksa Kusuma Haya Alyssa Desti Ramadhani Juni Desiani Juni Desiani Rebecca Octania Br. Sitompul Rosdiana Saleh, Rosdiana Rosy Aisyah Sabirin, Ahmad Samuel Christian Sugiastuti, Yunita Supartono, Sugeng Suryanto Gunawan Werner Wada Betu Yustio Rony Saputro