MONOPOLI GAS BUMI OLEH BUMN DILIHAT DARI PERSPEKTIF UU NO 5 TAHUN 1999 TENTANG LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT (Studi Terhadap PT. PGN dalam putusan KPPU No.09/KPPU-L/2016 jo. Putusan PN Jak-Bar No.02/Pdt.sus.KPPU/2017/PN Jkt.Brt jo. Putusan Kasasi MA No.511 K/Pdt.Sus-KPPU/2018)
| Main Author: | Abdi, M Ryan |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2019
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/51236/1/Pendahuluan1.pdf http://eprints.umm.ac.id/51236/37/BAB%20I.pdf http://eprints.umm.ac.id/51236/36/BAB%20II.pdf http://eprints.umm.ac.id/51236/4/BAB%20III.pdf http://eprints.umm.ac.id/51236/5/BAB%20IV.pdf http://eprints.umm.ac.id/51236/6/Lampiran.pdf http://eprints.umm.ac.id/51236/ |
Daftar Isi:
- The act of mastering goods and / or services causes the reduction of competitors in the field certainly harm consumers, because the price offered cannot compete resulting in no choice for the price of the goods or services. Rather than that, Law No. 5/1999 provides limits and rules for conducting business in Indonesia in accordance with Article 33 of the 1945 Constitution as an objective of the Indonesian economy. The control of all natural resources in Indonesia, be it water, earth, and all its contents is controlled by the state for the prosperity of the people. Based on PGN's hierarchy of authority fulfilled from Article 50 letter a, it is further stipulated in the Commission Commission Regulation regarding PGN's limitation to regulating natural gas prices as stipulated in the 1945 Constitution in articles 2 and 3 so that article 50 letter a has been fulfilled No.5 of 1999. The KPPU Assembly pleaded guilty to PGN's opinion that the actions in determining the projection number of Arun's volume were too excessive so that PGN did not take into account the purchasing power of domestic consumers. This resulted in the guideline of PGN's pricing being not fulfilled in violation of Article 17 of Law No.5 of 1999. The Panel of Judges at the level of the District and Cassation Courts argued that PGN's actions in setting prices were part of government policy because there was reporting to the relevant minister, namely the Ministry of Energy and Mineral Resources, thus the object of the price determination by PGN was excluded under article 50 letter a of Law No.5 In 1999.