Praktik Monopoli dan Persaingan Usaha Tidak Sehat Oleh Temasek Holding dalam Perspektif UU Nomor 5 Tahun 1999 Tentang Larangan Praktek Monopoli dan Persaingan Usaha Tidak Sehat

regina, putri and Musikibah, Muskibah and Bafadhal, Faizah (2020) Praktik Monopoli dan Persaingan Usaha Tidak Sehat Oleh Temasek Holding dalam Perspektif UU Nomor 5 Tahun 1999 Tentang Larangan Praktek Monopoli dan Persaingan Usaha Tidak Sehat. Zaaken: Journal of Civil and Business Law, 1 (1). pp. 1-14.

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Abstract

This study discusses the Dominant Position regarding cross share ownership by foreign business actors, namely Temasek Holdings which has majority shares in similar companies based on business competition law. The Business Competition Supervisory Commission (KPPU) is an independent institution that has the duty and authority to oversee and handle the passage of the Law on Prohibition of Monopolistic Practices and Unfair Business Competition. The research aims to find out and analyze how the form of monopolistic practices and unfair business competition and to find out and analyze how the KPPU's role in supervising monopolistic practices and unfair business competition is by Temasek Holdings. The type of research used is Normative Juridical with statutory approach, conceptual approach, and case approach. Based on the results of the study, it was found that through Decision, the KPPU stated the Temasek Holdings business group and its subsidiaries had been proven guilty of violating the provisions of Article 27 of the Law on Prohibition of Monopolistic Practices and Unfair Business Competition, namely that business actors were prohibited from holding majority shares in several similar companies that carry out business activities in the same relevant field and market, if such ownership results in one business actor or a group of business actors controlling more than 50% of the market share of certain types of goods or services. Temasek Holdings was sentenced by KPPU, but Temasek Holdings argued that KPPU was not authorized to examine the Temasek group because it was established not based on Indonesian law.

Type:	Article
Subjects:	K Law > K Law (General)
Depositing User:	Muskibah
Date Deposited:	04 Jul 2024 04:35
Last Modified:	04 Jul 2024 04:35
URI:	https://repository.unja.ac.id/id/eprint/57122

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