MEMBANGUN KONSEP PERLINDUNGAN HUKUM BAGI PELAKU USAHA KECIL DI BIDANG RITEL DALAM RANGKA MEWUJUDKAN PERSAINGAN USAHA YANG BERKEADILAN

Abstract

As the basic view in implementing economic democracy as mentioned in Article 33 Paragraph (4), Article 33 Paragraph (1) of the Constitution of the Republic of Indonesia 1945, has outlined explicitly that the economic view run is based on the principle of solidarity and the principle of kinship. Based on that perspective, peoples’ interests is the main objective on doing economic activities. Small businesses in the retail as part of the community have huge numbers and ranks in the second after agriculture in Indonesia’s employment. They should to get attention and legal protection from the country. Moreover, it has been proven that small businesses have become a safety valve when this country experiencing economic recession in 1997. Proving that Indonesia has not pay attention on small business can be seen from the different understanding of the institutions and regulations governing small businesses. It impact on coaching focus. Furthermore, each institution only takes action in accordance with ego-sectorial duties, so that small businesses are getting weak after all. The focus of this study is the weakness of small businesses in the market competition, although they are formally protected by the Act. The problems arise in this study are; first why does the legal protection granted to small businesses in the retail sector has not been able to realize fair competition? The second issue is; how does the ideal concept of legal protection of small businesses in the retail field reflecting justice in Indonesia. This dissertation used descriptive analysis by using normative juridical approach. This approach lets the researcher to use secondary data as main data. Legislation that provides protection to small businesses retail sector remain inadequate to realize the fair competition. The reasons are: the first, traditional retails are placed parallel with the shopping malls and modern market. Secondly, the arrangement between the traditional retail to shopping center and modern stores are too close. It was supposed that the government has the motivation to force the traditional market to compete openly with shopping malls and modern retail. Furthermore, the distance between the traditional retail, shopping malls and stores/modern retail in both the regulation merely "appeal". Based on the theory of justice of John Rawls's difference principle or theory stufenbau of Hans Kelsen and Hans Nawiasky, It is difficult to be accepted. The researcher propose an ideal concept of legal protection to small businesses retail that has the sense of justice namely: first to repeal/amendment of various laws in economics, governing small businesses in the hope there is a legal system in the field of economic law, especially competition. The second is government release regulation 112/2007 and Peremendag 53/2008. The third is the establishment of a law enforcement agency in the field of economic law. Proposal to repeal the inconsistent legislation with Indonesia constitution is based on a reason that Indonesia Constitution has theoretical basis of legal theory cascade of Hans Nawiasky. This position requires the formation of positive law to achieve the ideas of Pancasila, and can be used to test positive law and thus will create the integrative and coordinative Business Competition Act. Keywords: Building Concepts, legal protection, Retail, Business Competition, Fair.