RELEVANSI PENGECUALIAN TERHADAP PELAKU USAHA KECIL MENURUT HUKUM PERSAINGAN USAHA INDONESIA DI ERA GLOBALISASI EKONOMI

Apriani, Desi and Idris, Zulherman (2020) RELEVANSI PENGECUALIAN TERHADAP PELAKU USAHA KECIL MENURUT HUKUM PERSAINGAN USAHA INDONESIA DI ERA GLOBALISASI EKONOMI. Jurnal LEGISLASI INDONESIA, 17 (4). pp. 477-489. ISSN 2579-5562

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Abstract

Law Number 5 of 1999 on Prohibition of Monopolistic Practices and Unfair Business Competition excludes small business actors which means the law does not apply to small businesses. On the other hand, economic globalization which has an impact on global competition is characterized by free trade which increasingly knows no national borders that must be faced by all nations and countries in the world. This paper departs from this background to discuss the relevance of the exclusion of small business actors according to business competition law in Indonesia with the era of economic globalization that demands competitiveness, if want to continue to exist in the midst of global competition. This study is a normative study with descriptive analysis. The results of the study illustrate that the exclusion of small-scale business actors from laws that prohibit monopolistic practices and unfair business competition can actually inhibit creativity, foster an anti-competitive culture and unfair business competition behavior, thereby ultimately weakening the competitiveness of small business actors. Therefore, exceptions to small business actors in business competition law in Indonesia are no longer relevant to the demands of economic globalization.

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