Konflik Norma Antara Perlindungan Usaha Kecil Menurut Hukum Persaingan Usaha Indonesia Dengan Perlindungan Konsumen

Apriani, Desi (2022) Konflik Norma Antara Perlindungan Usaha Kecil Menurut Hukum Persaingan Usaha Indonesia Dengan Perlindungan Konsumen. Jurnal Pembangunan Hukum Indonesia, 4 (1). pp. 14-33. ISSN 2656-6737

Text Konflik Norma Antara Perlindungan Usaha Kecil.pdf - Published Version Download (176kB)

Abstract

Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition excludes small business actors, which means that the prohibition according to the law does not apply to small business actors. This prohibition has raised pros and cons since the discussion of the bill in 1998. On the other hand, the consumer protection law is present as an effort to provide protection to consumers from the behavior of business actors who violate consumer rights, where one of the causes of consumer losses is due to unfair business competition. This paper aims to analyze the provisions for the exception of small business actors according to the Indonesian business competition law with an effort to protect consumers based on the consumer protection law. The research method used is descriptive normative legal research. The results of the study show that the provisions for the exclusion of small business actors from business competition law in Indonesia result in small business actors being able to carry out business activities unfairly, such as entering into price-fixing agreements, regional divisions, and other forms of unfair business competition that can harm consumers. There is a conflict between efforts to protect small business actors in business competition law and efforts to protect consumers in consumer protection law. Provisions for exceptions to small business actors need to receive more in-depth attention, to build and lead to a law that is just for all Indonesian people.

Actions (login required)

View Item