Tinjauan Terhadap Praktek Monopoli Oleh PT. Perusahaan Gas Negara (Persero) Berdasarkan Putusan Perkara Nomor 09/kppu-l/2016

Harianti, Siska (2021) Tinjauan Terhadap Praktek Monopoli Oleh PT. Perusahaan Gas Negara (Persero) Berdasarkan Putusan Perkara Nomor 09/kppu-l/2016. Other thesis, Universitas Islam Riau.

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Abstract

Monopoly is the control over the production and or marketing of goods and or the use of certain services by one business actor or a group of business actors. As Case Number 09 / KPPU-L / 2016 originated from industrial gas distribution problems that were complained of by industry circles, mainly related to insufficient supply and inflated prices. In the last five years, industry circles, especially in the North Sumatra region (Medan City) have complained about the supply problem that is still far from demand and that prices are high compared to world gas prices or even at the Southeast Asian region level, so gas prices in Indonesia are much higher . Then gas users complained about the construction of a contract between PT. Perusahaan Gas Negara with industrial users that are rated more detrimental to consumers, allegedly because gas users have a weak position and this is very likely due to the monopoly in the downstream sector in gas distribution in the North Sumatra region. As for the problem in this study, namely, Monopolistic Practice Case Position by PT. Perusahaan Gas Negara (Persero) Based on Decision on Case Number 09 / KPPU-L / 2016, and Basis for Consideration of KPPU in Case Decision Number 09 / KPPU-L / 2016. This research is classified into normative legal research, while its nature is descriptive, namely to provide a detailed, clear and systematic description of the main research problems. The results showed that the Position of Monopolistic Practice Cases by PT. Perusahaan Gas Negara (Persero) Based on Decision on Case Number 09 / KPPU-L / 2016 is control over the production and or marketing of gas by determining the Industrial Gas Price which is determined unilaterally without deliberation due to the authority or power of PT. The state gas company to change prices without the consent of the customer, thereby increasing the selling price of gas that is channeled through distribution pipes for Service and Commercial Industry Customers and Manufacturing Industry Customers in the Medan Area The basis for the considerations of the KPPU in the Decision on Case Number 09 / KPPU-L / 2016 is based on the evidence of letters, witness statements, expert testimony, none of which confirm the actions of PT. The State Gas Company which uses a basic agreement between gas customers for market control in the Medan region or North Sumatra area by increasing the selling price of gas on the grounds that there is a decrease in gas pressure even though the facts of the trial are known that if there is a decrease in gas pressure it can be resolved through a good compressor and pipeline maintenance. so that the judge judged the act of the reported party to have eliminated his / her responsibility and resulted in losses for the customer so that PT. Perusahaan Gas Negara was proven legally and convincingly to have violated Article 17 of Law Number 5 Year 1999

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