ANALISIS MENGENAI PEMENUHAN UNSUR PERJANJIAN PENETAPAN HARGA DALAM PRAKTEK KARTEL TERHADAP PUTUSAN KPPU NO.25/KPPU-I/2009 DIKAITKAN UNDANG-UNDANG NO.5 TAHUN 1999 TENTANG LARANGAN PRAKTEK MONOPOLI DA.
ANALYSIS OF PRICE FIXING AGREEMENT ELEMENTS FULFILLMENT WITHIN
CARTEL PRACTICES ON COMMISION (KPPU) VERDICT NO.25/KPPU-I/2009 WITH
LAW NO.5 OF 1999 ABOUT THE MONOPOLY PRACTICES PROHIBITION AND
UNFAIR COMPETITION
ABSTRACT
The global rise in oil prices that began in 2005 led to significantly participate
rising jet fuel prices .Avtur is the primary fuel of the aircraft, so the result of this increase
is, the airline request an component called fuel surcharge . Fuel surcharge is applied to
the national airlines so that the national airlines can avoid bankruptcy losses, which is
led to ending of national aviation industry and resulting to the disruption of the national
economy . KPPU stated that 9 ( nine ) airline violated the Law No. 5 of 1999 , with price
trend as an evidence. In fact, price trends categorized as a indirect evidence .
This research applies an analytical descriptive method with juridical normative
approach using secondary data from literature study. Qualitative analyses from point of
view, of law study are applied to acquire a data analyses. The author describes the
object matter of fact in the fulfillment element of price fixing agreement inside
Commission (KPPU) verdict No.25 KPPU-I/2009 based of prohibition Anti Monopoly
Law and the Code of Civil Law .
The element of price fixing agreements contemplated by the Commission
(KPPU) form of price trends have not been fulfilled so that it can be said the
Commission's decisions related is lack of precise . Lack of precise in Commission's
verdictbecause there is no legal basis for the implementation rules of the fuel surcharge,
and there is no legal basis governing the implementation rule of indirect evidence in
Indonesia. Besides, the examination period and data processing Commission
(KPPU)did, was quite limited. This resulted the decision made by the Commission
(KPPU) is lack of precise.
V
CARTEL PRACTICES ON COMMISION (KPPU) VERDICT NO.25/KPPU-I/2009 WITH
LAW NO.5 OF 1999 ABOUT THE MONOPOLY PRACTICES PROHIBITION AND
UNFAIR COMPETITION
ABSTRACT
The global rise in oil prices that began in 2005 led to significantly participate
rising jet fuel prices .Avtur is the primary fuel of the aircraft, so the result of this increase
is, the airline request an component called fuel surcharge . Fuel surcharge is applied to
the national airlines so that the national airlines can avoid bankruptcy losses, which is
led to ending of national aviation industry and resulting to the disruption of the national
economy . KPPU stated that 9 ( nine ) airline violated the Law No. 5 of 1999 , with price
trend as an evidence. In fact, price trends categorized as a indirect evidence .
This research applies an analytical descriptive method with juridical normative
approach using secondary data from literature study. Qualitative analyses from point of
view, of law study are applied to acquire a data analyses. The author describes the
object matter of fact in the fulfillment element of price fixing agreement inside
Commission (KPPU) verdict No.25 KPPU-I/2009 based of prohibition Anti Monopoly
Law and the Code of Civil Law .
The element of price fixing agreements contemplated by the Commission
(KPPU) form of price trends have not been fulfilled so that it can be said the
Commission's decisions related is lack of precise . Lack of precise in Commission's
verdictbecause there is no legal basis for the implementation rules of the fuel surcharge,
and there is no legal basis governing the implementation rule of indirect evidence in
Indonesia. Besides, the examination period and data processing Commission
(KPPU)did, was quite limited. This resulted the decision made by the Commission
(KPPU) is lack of precise.
V