Pengesahan Pelaksanaan Penggabungan, Peleburan dan Pengambilalihan (P3) dan Kedudukan Konsultasi Hukum Persaingan Usaha

Main Author: Krisanto, Yakub Adi
Format: Article eJournal
Bahasa: eng
Terbitan: [ 5 ] JURNAL HUKUM PRIORIS , 2012
Online Access: http://lib.law.ugm.ac.id/ojs/index.php/jhpr/article/view/1368
Daftar Isi:
  • Establishment of the Business Competition Act, particularly those governing the merger, consolidation and acquisitision give birth to a legal vacuum. Notification system adopted pursuant to Article 29 paragraph (2) Competition Act, namely post notification. Competition Act further mandates the setting of the setting of the merger, consolidation and acquisition through government regulation. 10 years required for the issuance of the aforementioned, and prior to any government regulation of Article 29 paragraph (2) Competition Act became lex imperfecta. The provisions on merger, consolidation and takeovers can not be applied, so that many of the alleged violation of monopolistic practices and unfair competition can not be assessed under these provisions.This paper is about to review the authorization merger, consolidation and takeover business entity in which the rules and regulations perundang be one issue of the notification system adopted in the competition law in Indonesia. Authorization is still a problem despite the normative level rise of government regulation on merger, consolidation and takeovers.