STUDI PERBANDINGAN PENGATURAN TENTANG PENGECUALIAN INDUSTRI PERTANIAN TERHADAP BERLAKUNYA HUKUM PERSAINGAN USAHA
Abstract: The research is
aimed at finding out whether the exemption for agricultural industries in the
competition laws in Unites States of America and European Union is fully or
partially granted. In addition, the study examines whether the competition law
in Indonesia also regulates exemption for agricultural industries. The research
method is normative juridical with a legal comparison approach. The result
shows that the exemption for agricultural industries in the United States of
America mentioned in the antitrust law was regulated by the Congress through
Clayton Act 1916 and confirmed in Capper-Volstead Act 1922. In European Union,
the exemption is regulated in the Treaty Establishing the European Community.
The regulations in the United States and European Union are the same, in which
farmers are allowed to establish agricultural cooperatives that aim to meet the
needs of its members, such as collective processing, preparation for markets,
merchants, and marketing. Although Indonesia does not have a specific law for
exemption, several stipulations in Article 50 and 51 of Law No. 5 Year 1999 can
be interpreted as exemption for agricultural industries in the competition law.
Penulis: Siti Anisah
Kode Jurnal: jphukumdd120377
