KOMPARASI PENGATURAN PERSEKONGKOLAN TENDER DI INDONESIA DAN JEPANG DALAM PERSPEKTIF HUKUM PERSAINGAN

Main Author: L. Budi Kagramanto
Format: Article application/octet-stream eJournal
Bahasa: eng
Terbitan: Era Hukum , 2010
Subjects:
Online Access: http://journal.tarumanagara.ac.id/index.php/fh/article/view/457
Daftar Isi:
  • In Indonesia a bid rigging has been ruled in Article 22 Act No 5 1999. Commission for The Supervision Commission of Business Competition (KPPU) has already made a guidance in the implementation of that Article. The practitioners are prohibited to perform the bid rigging with others to arrange and to determine the winner of the tender resulting in unhealthy business competition. In Japan, the  bid rigging prohibition is also regulated in The Japanese Anti Monopoly Act (The AMA) Article 2 (6) Act No. 54, 1947 and some guidance of the bid rigging prohibition. From the two countries, there are many similarities, mainly about the cartel relationship with the prohibited bid rigging, type and modus of the bid rigging among the practitioners themselves, between the practitioners and the government officer or politician.