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All Journal Enrichment: Journal of Multidisciplinary Research and Development
Hartono Agus Salim
Universitas Pelita Harapan
Humanities Economics, Econometrics & Finance Engineering Health Professions Social Sciences

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Violation Analysis on Competitor Sliding Program in the Case of PT Arta Boga Cemerlang (ABC Battery) Hartono Agus Salim; Elsa Elsa; Rigan Gymnastiar; Udin Silalahi
Enrichment: Journal of Multidisciplinary Research and Development Vol. 2 No. 12 (2025): Enrichment: Journal of Multidisciplinary Research and Development
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/enrichment.v2i12.327

Abstract

Violations in the Competitor Sliding Program at PT Arta Boga Cemerlang refer to actions that are contrary to business rules and ethics, which aim to unlawfully defeat or harm competitors. The case of PT Arta Boga Cermerlang (ABC Battery) as the Reported Party can be a clear example of violation of the principle of fair business competition, as regulated in Law Number 5 Year 1999. This study employs a legal analysis method to investigate the violations committed by PT Arta Boga Cemerlang (ABC Battery) within the framework of competition law in Indonesia. In this case, PT Arta Boga Cemerlang is proven to have committed unfair business competition practices by entering into a closed agreement that discriminates against products from competitors through exclusive cooperation that provides special benefits to PT Arta Boga Cemerlang's partners. This practice violates Article 15 Paragraph 3 (Closed Agreement) and Article 19 letter (a) (Discrimination) in Law No. 5 Year 1999. Companies that have a dominant position can discriminate in providing services to customers or distributors. Discussing this case in a paper provides an opportunity to analyze how competition law is applied in the context of a market economy, as well as how violations like this can undermine a fair market ecosystem. In addition, the case is also relevant for understanding the challenges of enforcing fair competition principles in a simple and clear manner.
Violation of Article 15 of Law No. 5 Year 1999 against the Conditions for the Legality of a Contract in Article 1320 of the Civil Code (KUH Perdata) Elsa Elsa; Hartono Agus Salim; Rigan Gymnastiar; Velliana Tanaya
Enrichment: Journal of Multidisciplinary Research and Development Vol. 2 No. 12 (2025): Enrichment: Journal of Multidisciplinary Research and Development
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/enrichment.v2i12.328

Abstract

This research aims to analyze the relationship between violations of Article 15 of Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition and the requirements for the validity of contracts as stipulated in Article 1320 of the Civil Code (KUH Perdata). Article 15 of Law No. 5 Year 1999 prohibits business actors from abusing a dominant position in an agreement, including forcing other parties to agree to unfair or detrimental terms. This prohibition aims to maintain fair business competition and prevent monopolistic practices that may harm certain parties. In the context of Civil Law, violation of Article 15 of Law No. 5 of 1999 can affect the validity of the contract based on Article 1320 of the Civil Code, especially on the elements of agreement and lawful cause. This research uses a normative juridical research method, an approach that focuses on analyzing relevant laws and regulations, legal doctrines, and court decisions. This research also discusses the legal implications of such violations, including the possibility of canceling the contract (Batal Demi Hukum) by the court or the Business Competition Supervisory Commission (KPPU). By using a normative approach and case studies, this article provides insight into how the principle of freedom of contract must be balanced with compliance with the rules of fair business competition. This research is expected to contribute to the development of contract law and business competition in Indonesia.
Co-Authors Elsa Elsa Jur. M. Udin Silalahi Rigan Gymnastiar Velliana Tanaya