Tinjauan Yuridis Komisi Pengawas Persaingan Usaha Terhadap Pemberantasan Persaingan Usaha Tidak Sehat Khususnya Kartel Berdasarkan Kasus Yamaha Dan Honda

Simbolon, Jasron Michael (2022) Tinjauan Yuridis Komisi Pengawas Persaingan Usaha Terhadap Pemberantasan Persaingan Usaha Tidak Sehat Khususnya Kartel Berdasarkan Kasus Yamaha Dan Honda. Other thesis, Universitas Islam Riau.

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Abstract

Business competition in the world is very tight and various ways are carried out by business competitors in order to attract consumers in terms of consuming goods and/or their services, including in Indonesia, there is a lot of business competition, namely from agriculture, mining, trade, tourism and others. This matter because every company or producer will learn to develop their products so that consumers choose the products they make. Competition business has an impact, both on producers and consumers. Business activities that having a culture of unfair business competition creates a negative impact on world of business competition. Impacts resulting from business activities that are not Healthy can be felt directly or indirectly by consumers. Law No. 5/1999 on its contents describes in detail it is clearly stated that consumers get legal protection from the impact unhealthy business activities. One of the problems in Indonesia regarding unfair business competition occurs in the manufacturing sector, namely between Yamaha Indonesia Motor Manufacturing motorcycle distributor company (YIMM) with Astra Honda Motor (AHM). Problems made by both parties are entering into an agreement that is prohibited in business competition regulations, namely cartel agreements. In violation of the cartel agreement committed by both parties both Yamaha Indonesia Motor Manufacturing (YIMM) with Astra Honda Motor (AHM) is related to what and how the legal consequences caused and charged to both parties, both Yamaha Indonesia Motor Manufacturing (YIMM) with Astra Honda Motor (AHM) as well as reviewing juridical matters related to the Business Competition Supervisory Commission on the eradication of unfair business competition, especially cartels based on cases that occurred in between Yamaha Indonesia Motor Manufacturing (YIMM) and Astra Honda Motor (AHM). In this paper, the author uses a normative type of research, where The research was carried out in accordance with positive law, namely laws and regulations that related to the discussion in this paper. Using research attitude descriptive, where in explaining the results of the study it is done by describe clearly and in detail the results of the research used. The result of this writing is that it is known the legal consequences caused and charged to the PT. Yamaha Indonesia Motor Manufacturing (YIMM) with PT. Astra Honda Motor (AHM) for the cartel agreement entered into by both parties and it is clear that both parties PT. Yamaha Indonesia Motor Manufacturing (YIMM) with PT Astra Honda Motor (AHM) does not carry out its obligations as a business actor to create a healthy business competition climate for the creation of economic democracy that aspired to by the Constitution of the Republic of Indonesia in 1945

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