PELAKSANAAN HAK MONOPOLI OLEH BADAN USAHA MILIK NEGARA DI INDONESIA
)
(1) Fakultas Hukum Universitas Pattimura, Indonesia
Corresponding Author
Abstract
Analysuing the position of monopoly State-Owned Enterprises in the perspective of business competition law which could potentially give rise to barriers in business competition in particular concerning control over production branches are considered important and master his life much. Though it is excluded in law number 5 of 1999 concerning the prohibition of Monopolies and Anticompetitive Business practices are unhealthy, but that should not be considered a monopoly owned by the State-Owned Enterprises at the same time have the power over the market, and all the power over its own market not obliging him to carry on the practice of healthy competition. Existence of State-Owned Enterprises in the perspective of business competition law is the implementation of Article 33 of the Constitution of 1945, where the presence of the NRI Soes is a manifestation of the State's role in the national economy for the well-being of the people. The position of monopoly State-Owned Eterprises in the perspective of business competition law is still frequently abused the rights relating to the control of the State giving rise to unhealthy business competition. A monopoly held by State-Owned Enterprises should be stabilised so that serves as the market competition can run healthy. Criteria for State-Owned Enterprises can be given a monopoly in business competition law perspective, just look at the functions and Government intervention in the economy aimed at the earliest possible time the prosperity of the people. Criteria for State-Owned Enterprises can be given a monopoly should be seen from the form and objectives of the establishment of State-Owned Enterprises as well as the magnitude of the ownership of the Government's stake in it.
Keywords
DOI
10.47268/sasi.v22i1.180
Published
2016-06-15
How To Cite
@article{SASI180,
author = {Rory Akyuwen},
title = {PELAKSANAAN HAK MONOPOLI OLEH BADAN USAHA MILIK NEGARA DI INDONESIA},
journal = {SASI},
volume = {22},
number = {1},
year = {2016},
keywords = {State Owned Enterprises; Monopoly},
abstract = {Analysuing the position of monopoly State-Owned Enterprises in the perspective of business competition law which could potentially give rise to barriers in business competition in particular concerning control over production branches are considered important and master his life much. Though it is excluded in law number 5 of 1999 concerning the prohibition of Monopolies and Anticompetitive Business practices are unhealthy, but that should not be considered a monopoly owned by the State-Owned Enterprises at the same time have the power over the market, and all the power over its own market not obliging him to carry on the practice of healthy competition. Existence of State-Owned Enterprises in the perspective of business competition law is the implementation of Article 33 of the Constitution of 1945, where the presence of the NRI Soes is a manifestation of the State's role in the national economy for the well-being of the people. The position of monopoly State-Owned Eterprises in the perspective of business competition law is still frequently abused the rights relating to the control of the State giving rise to unhealthy business competition. A monopoly held by State-Owned Enterprises should be stabilised so that serves as the market competition can run healthy. Criteria for State-Owned Enterprises can be given a monopoly in business competition law perspective, just look at the functions and Government intervention in the economy aimed at the earliest possible time the prosperity of the people. Criteria for State-Owned Enterprises can be given a monopoly should be seen from the form and objectives of the establishment of State-Owned Enterprises as well as the magnitude of the ownership of the Government's stake in it.},
issn = {2614-2961}, pages = {85--99} doi = {10.47268/sasi.v22i1.180},
url = {https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/180}
}
Abrar Saleng, Hukum Pertambangan, UII Press, Jogjakarta, 2004.
Aminudin Ilmar, Privatisasi BUMN di Indonesia, Hasanuddin University Press, Makassar, 2004.
Didik J Rachbini, Ekonomi Politik Paradigma, Teori Perspektif Baru,
CIDES, Jakarta, 1996.
Jimmly Asshiddiqie, Konstitusi dan Konstitusionalisme Indonesia, Menuju Negara Hukum yang Demokratis,Konstitusi Ekonomi,
Konstitusi Pers, Kompas Media Nusantara, Jakarta, 2010.
Marthen Arie, Prinsip-Prinsip Hukum Dalam Penanaman Modal, Arus Timur, Makassar, 2012.
Subiantoro, Heru dan Singgih Riphat, Kebijakan Fiskal : Pemikiran, Konsep dan Implementasi, Kompas Jakarta, 2004.
Bagir Manan 1996, Strategi Dunia Usaha Dalam rangka Pelaksanaan Undang-Undang No 1 Tahun 1995, Makalah FHUH Elips, Ujung Pandang.
Rice Robert C, 1983, The Origin of Basic Economic Ideas and their Impact on New Order Policies, Bulletin of Indonesian Economic. Studies, Vol 19, No. 2, Agustus Jakarta.
: 3703 times
Download : 1154 times
| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | PELAKSANAAN HAK MONOPOLI OLEH BADAN USAHA MILIK NEGARA DI INDONESIA |
| 2. | Creator | Author's name, affiliation, country | Rory Jeff Akyuwen; Fakultas Hukum Universitas Pattimura; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | State Owned Enterprises; Monopoly |
| 4. | Description | Abstract | Analysuing the position of monopoly State-Owned Enterprises in the perspective of business competition law which could potentially give rise to barriers in business competition in particular concerning control over production branches are considered important and master his life much. Though it is excluded in law number 5 of 1999 concerning the prohibition of Monopolies and Anticompetitive Business practices are unhealthy, but that should not be considered a monopoly owned by the State-Owned Enterprises at the same time have the power over the market, and all the power over its own market not obliging him to carry on the practice of healthy competition. Existence of State-Owned Enterprises in the perspective of business competition law is the implementation of Article 33 of the Constitution of 1945, where the presence of the NRI Soes is a manifestation of the State's role in the national economy for the well-being of the people. The position of monopoly State-Owned Eterprises in the perspective of business competition law is still frequently abused the rights relating to the control of the State giving rise to unhealthy business competition. A monopoly held by State-Owned Enterprises should be stabilised so that serves as the market competition can run healthy. Criteria for State-Owned Enterprises can be given a monopoly in business competition law perspective, just look at the functions and Government intervention in the economy aimed at the earliest possible time the prosperity of the people. Criteria for State-Owned Enterprises can be given a monopoly should be seen from the form and objectives of the establishment of State-Owned Enterprises as well as the magnitude of the ownership of the Government's stake in it. |
| 5. | Publisher | Organizing agency, location | Faculty of Law, Universitas Pattimura |
| 6. | Contributor | Sponsor(s) | |
| 7. | Date | (YYYY-MM-DD) | 2016-06-15 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | PDF (Bahasa Indonesia) |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/180 |
| 10. | Identifier | Digital Object Identifier | 10.47268/sasi.v22i1.180 |
| 11. | Source | Title; vol., no. (year) | SASI; Vol 22, No 1 (2016): Volume 22 Nomor 1, Januari - Juni 2016 |
| 12. | Language | English=en | id |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
| 15. | Rights | Copyright and permissions | Copyright: Authors who publish their manuscripts in this Journal agree to the following conditions: 1. The copyright in each article belongs to the author, as well as the right to patent. 2. Authors can enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. 3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) before and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. 4. Authors have the right to self-archiving of the article (Author Self-Archiving Policy)
License: The SASI Journal is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate but does not imply that the licensor supports you or your use.
|
Copyright (c) 2019 Rory Jeff Akyuwen
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Email this article 
