KEPASTIAN HUKUM PENGENAAN SANKSI DENDA BAGI PELAKU USAHA YANG MELAKUKAN PRAKTEK MONOPOLI

• Main Author: Annisaa Al-Kubraa, (Author)
• Format: Book
• Published: 2023-01-19.
• Subjects: Thesis; NonPeerReviewed
• Online Access: Link Metadata
• Notes: http://repository.upnvj.ac.id/23065/1/ABSTRAK.pdf; http://repository.upnvj.ac.id/23065/13/AWAL.pdf; http://repository.upnvj.ac.id/23065/3/BAB%201.pdf; http://repository.upnvj.ac.id/23065/4/BAB%202.pdf; http://repository.upnvj.ac.id/23065/5/BAB%203.pdf; http://repository.upnvj.ac.id/23065/6/BAB%204.pdf; http://repository.upnvj.ac.id/23065/7/BAB%205.pdf; http://repository.upnvj.ac.id/23065/8/DAFTAR%20PUSTAKA.pdf; http://repository.upnvj.ac.id/23065/9/RIWAYAT%20HIDUP.pdf; http://repository.upnvj.ac.id/23065/10/LAMPIRAN.pdf; http://repository.upnvj.ac.id/23065/11/HASIL%20PLAGIARISME.pdf; http://repository.upnvj.ac.id/23065/12/ARTIKEL%20KI.pdf
• Keywords: K Law (General)

The legal developments that have taken place in Indonesia have attracted the majority of people, especially when the Government of Indonesia applies the methods law to all in 2020, namely Law Number 11 of 2020 concerning Cipta Kerja which has now been revoked and replaced by Government Regulation in Lieu of Law Number 2 of 2022 concerning Cipta Kerja. One of sector that has changed is business competition sector in particular related to sanctions in the form of administrative actions for the occurrence of monopolistic practices. The provisions in the UU Cipta Kerja, which have been replaced by the Perppu Cipta Kerja, cause the loss of the maximum value of fines for business actors who carry out monopolistic practices This research is a normative legal research using secondary data sources through literature studies which are analyzed descriptively qualitatively. The approach in this research is the Statutory Approach (Statute Approach) also use the Case Approach (Case Approach), namely a case that has become a decision of the Commission Council on Decision Number 04/KPPU-I/2021 regarding the Alleged Violation of Article 17 of Law Number 5 of 1999 regarding Transportation Management Services for Delivery (Export) of Lobster Seeds. Based on the occurrence of these monopolistic practices, KPPU decided that PT Aero Citra Kargo did not need to pay a fine because the company did not have the ability to pay a fine. This study will analyze the exemption from the imposition of fines for business actors who carry out monopolistic practices and the legal certainty of imposing fines for business actors who are proven to have committed monopoly practices. The results of this study are KPPU can waive sanctions in the form of fines against business actors who violate monopoly practices, and there are implementing regulations for the UU Cipta Kerja as replaced by the Perppu Cipta Kerja which further regulates the imposition of fines against business actors who carry out monopoly practices.