ANALISIS TERHADAP PUTUSAN KOMISI PENGAWAS PERSAINGAN USAHA (KPPU) NO.08/KPPU-M/2012 TENTANG DUGAAN PELANGGARAN TERHADAP PASAL 29 UNDANG-UNDANG NOMOR 5 TAHUN 1999 BERKAITAN DENGAN PENGAMBILALIHAN SAHAM.
ABSTRACT
Acquisition action can lead to a situation where there is a tendency
of unfair business competition activities Therefore,in Act No.5 year 1999
concerning the prohibition monopoly and unfair business competition
especially article 29 regulated about responsibility to give notification to
the commision for acts of merger, consolidation or acquisition of stock.
The case raised by the author is acquisition of PT Andalan Satria Lestari
by PT Bumi Kencana Eka Sejahtera. PT Bumi Kencana Eka Sejahtera
alleged violation of article 29. According to the investigation conducted by
the KPPU, PT Bumi Eka Sejahtera is allegedly too late do the notification
for 30 days after acquisition. The purpose of this research is to analyze the
KPPU’s judgement that decided regarding the responsibility to give
notification to the commision for the acquisition actions.
This research is conducted with methods of juridical normative
which emphasizes on the use of secondary data which consists of primary
law materials, secondary, and tertiary either in the form of legislation, legal
principles and field research. Specification of research is descriptive
analytic that is analyzing the legal basis relied on by tribunal law
considerations the judge’s verdict in judgement No.08/KPPU-M/2012.
The conclusions of this research in the judgement of KPPU
No.08/KPPU-M/2012 about the alleged violation of article 29,Act No.5 year
1999 is that First there is a difference in interpretation of effective date by
the the KPPU’s investigator team with bussinessmen and Second, that the
acquisition first stage undertaken by PT Bumi Kencana Eka Sejahtera is
not a acquisition that must be notified to the commision and PT Bumi
Kencana Eka Sejahtera not too late to do the notifications.
v
Acquisition action can lead to a situation where there is a tendency
of unfair business competition activities Therefore,in Act No.5 year 1999
concerning the prohibition monopoly and unfair business competition
especially article 29 regulated about responsibility to give notification to
the commision for acts of merger, consolidation or acquisition of stock.
The case raised by the author is acquisition of PT Andalan Satria Lestari
by PT Bumi Kencana Eka Sejahtera. PT Bumi Kencana Eka Sejahtera
alleged violation of article 29. According to the investigation conducted by
the KPPU, PT Bumi Eka Sejahtera is allegedly too late do the notification
for 30 days after acquisition. The purpose of this research is to analyze the
KPPU’s judgement that decided regarding the responsibility to give
notification to the commision for the acquisition actions.
This research is conducted with methods of juridical normative
which emphasizes on the use of secondary data which consists of primary
law materials, secondary, and tertiary either in the form of legislation, legal
principles and field research. Specification of research is descriptive
analytic that is analyzing the legal basis relied on by tribunal law
considerations the judge’s verdict in judgement No.08/KPPU-M/2012.
The conclusions of this research in the judgement of KPPU
No.08/KPPU-M/2012 about the alleged violation of article 29,Act No.5 year
1999 is that First there is a difference in interpretation of effective date by
the the KPPU’s investigator team with bussinessmen and Second, that the
acquisition first stage undertaken by PT Bumi Kencana Eka Sejahtera is
not a acquisition that must be notified to the commision and PT Bumi
Kencana Eka Sejahtera not too late to do the notifications.
v