PELAKSANAAN FUNGSI KOMISI PENGAWAS PERSAINGAN USAHA (KPPU) DALAM PENEGAKAN UNDANG-UNDANG LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT (UU NO. 5 TAHUN 1999) DI BIDANG TRANSPORTASI

Abstract

Business monopoly conducted by a small group of Indonesian business performers who are close to the authority has caused inefficiency in Indonesian business world in a long period. The conduct has also caused both disadvantages to the people and, innovation idleness among Indonesian business people. They would rather be rent seeking economy. As a consequence of a tong unsolved recession, Indonesian government asked IMF to help the economy. IMF did not voluntarily grant the request, but it required particular requirements including the implementation of anti-monopoly law. Anti-monopoly law as written in the law UU No. 5 tahun 1999 on Prohibition of Monopoly Practices and Unhealthy Business Competition was hoped to be an initial step for healthy economy which opens opportunity for anybody to do business and is full of efficiency as the objective of the law. The problems in this thesis are the work of KPPU (Business Competition Watch Committee), the barriers of the work and actions taken by KPPU as a body that has been given authority to reinforce the anti-monopoly law. In this thesis, the writer used normative jurisdiction and empirical jurisdiction approaches. Normative jurisdiction is an approach in form of "inconcreto" law invention, while empirical jurisdiction is aimed to study and analyze cause-effect relationship between the law and other social institutions. The work performance of KPPU in reinforcing the law UU No. 5 tahun 1999 experienced many barriers from both private and governmental business performers because of many weaknesses of the law. The law cannot protect consumers maximally because consumer protection is not the objective of the law. The main objective of the law is to create business efficiency among business performers. Consumer protection will be achieved automatically if the efficiency is achieved. In order to solve the problem in the future, the writer recommends an amendment of the law UU. No. 5 tahun 1999 on Prohibition of Monopoly Practices and Unhealthy Business Competition and the law UU. No. 8 tahun 1999 on Consumer Protection by uniting them into one law which includes business performance rules and consumer protection.