PENGECUALIAN PRAKTEK MONOPOLI YANG DILAKUKAN OLEH BUMN SESUAI PASAL 51 UU NO.5 TAHUN 1999
ABSTRACT: After the
entry into force
of Law no.
5 of 1999, the monopolistic
practices in the
Indonesian economic activity expressly
prohibited by law,
but there are
exceptions to the
state, which in the
presence of Law
No.5 of 1999
clause 51, have
legal legitimacy to
claim exemption in
monopolistic practices in Indonesia.
Which are expected
to given to
state-owned monopoly, it
can help the implementation of the 1945 Constitution
Clause 33 of the Indonesian economy.
Issues raised in
this paper are
as follows: how
the regulation of
monopolies in the
legislation in Indonesia, how
the position of
BUMN in the
economy in Indonesia
as businesses that
are entitled to monopolistic practices in Indonesia
economy and how the exemption against monopolistic practices by BUMN.
This research was
conducted with the
juridical-normative,
remember to be
studied is the provision
of an article
and its application
in practice. Data
obtained from examining
the legislation and literature associated with the
formulation of the problem. Monopoly by the state under the provisions of Clause
51 of Law 5 of 1999 is that monopoly or concentration of activity that can be
done only over the branches of production that dominate the lives of many
people and that is important for the country.
Because until now there is no certainty in legislation which imposes
limits is "dominate the life of the people" and "important for
the country", it is entirely left to the House of Representatives to
decide. Monopoly and or
concentration of activity
should be regulated
by law and
held by the
State-Owned Enterprises and or body or institution established or
designated by the Government. In this paper will be given an
example of a
state agency that
have a right
to monopoly,
namely PT PLN
(Persero), which held a monopoly
supply of electricity by the legitimacy of law no. 30 of 1999.
Penulis: Marshias Mereapul
Ginting
Kode Jurnal: jphukumdd130648
