PEMBATALAN PUTUSAN KOMISI PENGAWAS PERSAINGAN USAHA NOMOR 03/KPPU-L/2016 TENTANG PERSEKONGKOLAN TENDER PENGADAAN JASA RIG PENGEBORAN LEPAS PANTAI MADURA BD STRUCTURE (JACK UP DRILLING RIG SERVICE FOR BD) OLEH PENGADILAN NEGERI JAKARTA SELATAN PADA PUTUSAN NOMOR 907/PDT.G-KPPU/2016/PN JKT.SEL
| Main Author: | AVIANTI, DESWITA |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2019
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| Subjects: | |
| Online Access: |
https://eprints.untirta.ac.id/1764/1/PEMBATALAN%20PUTUSAN%20KOMISI%20PENGAWAS%20PERSAINGAN%20USAHA.PDF https://eprints.untirta.ac.id/1764/ https://fh.untirta.ac.id/ |
Daftar Isi:
- Tender conspiracy is a prohibited practice in the business existence. The National Regulation No. 5 1999. There is a violation 22nd Article of the National Regulation No. 5 1999 which are found in the Case Verdict No. 03/KPPU-L/2016 which is then nullified by South Jakarta District Court through the Verdict No. 907/Pdt.G-KPPU/2016/PN Jkt.Sel. This study aims to examine the legal consequences of cancellation of KPPU's verdict No. 03/KPPU-L/2016 concerning tender conspiracy related to legal certainty and the legal basis of judges in the case of cancellation of decision No. 03/KPPU-L/2016 concerning tender conspiracy linked to The National Regulation No. 5 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. The research method refers to the normative juridical approach, namely regulations, concepts, and cases one. Data used in this research is the data obtained from secondary data which is supported by primary legal data. The research is typically descriptively analysis, which intends to describe the facts related to researched phenomenon of problem. The results of the research are, known that legal consequence of the South Jakarta District Court Verdict No. 907/Pdt.G-KPPU/2016/PN Jkt.Sel is nullifying the Business Competition Supervisory Commission Verdict No. 03/KPPU-L/2016, so the Sanction sentenced to the businessman is not anymore valid and also the procurement tender process of Jack Up Drilling Rig Service for BD is stated as a valid and does not contradict to positive law. Legal consideration basic of Jakarta Court Panel of Judges over the Verdict No. 907/Pdt.G-KPPU/2016/PN Jkt.Sel which nullifies the Verdict No. 03/KPPU-L/2016 is that Husky – CNOOC Madura Limited and PT. COSL Indo were not proven fulfilling the elements of 22nd Article of the National Regulation No. 5 1999 and not proven that there was an affiliation. Keywords : Tender Conspiracy, Unfair Competition, and Verdict Nullification