MITIGASI RISIKO PELANGGARAN TERHADAP KETENTUAN PERSAINGAN USAHA TERKAIT KEWAJIBAN PENYAMPAIAN LAPORAN AKUISISI SAHAM (STUDI KASUS PUTUSAN NO. 02/KPPU-M/2019)

• Main Author: Sita Narawita Puteri, (Author)
• Format: Book
• Published: 2023-01-06.
• Subjects: Thesis; NonPeerReviewed
• Online Access: Link Metadata
• Notes: http://repository.upnvj.ac.id/23134/1/ABSTRAK.pdf; http://repository.upnvj.ac.id/23134/13/AWAL.pdf; http://repository.upnvj.ac.id/23134/14/BAB%201.pdf; http://repository.upnvj.ac.id/23134/15/BAB%202.pdf; http://repository.upnvj.ac.id/23134/16/BAB%203.pdf; http://repository.upnvj.ac.id/23134/17/BAB%204.pdf; http://repository.upnvj.ac.id/23134/18/BAB%205.pdf; http://repository.upnvj.ac.id/23134/19/DAFTAR%20PUSTAKA.pdf; http://repository.upnvj.ac.id/23134/9/RIWAYAT%20HIDUP.pdf; http://repository.upnvj.ac.id/23134/10/LAMPIRAN.pdf; http://repository.upnvj.ac.id/23134/11/HASIL%20PLAGIARISME.pdf; http://repository.upnvj.ac.id/23134/12/ARTIKEL.pdf
• Keywords: K Law (General)

The Business Competition Law requires business actors to report their acquisition transactions to KPPU if the asset value and sales value resulting from the transaction exceed 2.5 Trillion Rupiah and 5 Trillion Rupiah. However, in practice, this provision is often violated by a number of companies for reasons of misinterpretation of the provisions in these articles. KPPU's decision Number 02/KPPU-M/2019 contains the violation in question, where PT Citra Prima Sejati was late in reporting the transaction of share ownership of PT Mitra Bisnis Harvest. This study aims to discuss the share acquisition system through the KPPU Decision Number 02/KPPU- M/2019 case to serve as a reflection of how preventative measures can be achieved so that companies are no longer subject to the obligation to arrest stock acquisition reports to KPPU. The research was prepared using the method of studying the elements of the law, and therefore it is included in the type of normative juridical research. The results of the research show that PT Citra Prima Sejati's violation of Article 29 of the Business Competition Law jo. Article 5 Government Regulation No. 57 of 2010 is due to a misinterpretation of the phrase "which results" in Article 5 paragraph (2) Government Regulation No. 57 of 2010. The phrase "which results" misleads PT Citra Prima Sejati considering that the asset value and sales value of PT Bumi Resources Tbk. as the highest legal entity has exceeded the figures written in the article. To mitigate the risk of such misinterpretation, especially for macro business actors, the steps that can be taken are to maximize the role of advocates and notaries. For advocates, they can use the consulting services provided by the KPPU before compiling a legal opinion that the company uses as a legal guide in conducting transactions. For a notary, he can carry out an in-depth check of everything that the parties want to include in the share acquisition deed, so that the deed he makes does not cause legal consequences that can be detrimental to the parties. Keywords: Acquisition Notification, KPPU, Mitigation