Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance

IMPLIKASI YURIDIS STRATEGI FLASH SALE OLEH PELAKU USAHA E-COMMERCE

Firlli Wijaksana (Universitas 17 Agustus 1945 Surabaya)
Rosalinda Elsina (Universitas 17 Agustus 1945 Surabaya)



Article Info

Publish Date
22 Dec 2022

Abstract

The author writes this journal to review and examine the flash sale strategy by e-commerce business actors whether it fulfills the predatory pricing element as stipulated in Article 20 of Law No. 5 of 1999 concerning prohibition of monopoly practices and unfair business competition (hereinafter referred to as Law no. 5 of 1999) or not, because in practice flash sales are used as a strategy by e-commerce business actors almost fulfilling the elements of predatory pricing practices in which the implementation of the flash sale promotion strategy uses setting prices on a product below the average market price with limits the time and product given to attract consumers to get to know the shop of the e-commerce business actors and this is felt to undermine the justice of e-commerce business actors who will enter the market but only have small capital. Because there is no provision regarding the flash sale strategy, the authors interested in studying the problem m using normative juridical research methods using legal approaches and approaches. The results of this study found that the flash sale strategy can be classified as a form of predatory pricing if the elements in Article 20 of Law No. 5 of 1999 are taken as a whole. It is necessary to prove it using the rule of reason approach and other tests such as above-cost tests and limits. pricing strategy. If an e-commerce business actor is proven to have engaged in predatory pricing practices, administrative sanctions in Article 6 paragraph (2) points c, f, and g of PP No. 44 Year 2021

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Journal Info

Abbrev

home

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance editorials, reviews, research articles and short communications on following topics: Social-Political Governance 1. Election and Political Parties, 2. Democracy and Local Politics, 3. Decentralization Autonomy, 4. ...