Kajian Yuridis Pembatasan Penerapan Asas Kebebasan Berkontrak oleh Undanag-Undang Nomor 5 Tahun 1999 Tentang Larangan Praktek Monopoli dan Persaingan Usaha Tidak Sehat

Abstract

The contract freedom principle in business activities will be limited when it tends toresult in the practices of monopoly. It can produce the legal matters: Why contract freedom is limited by The Law No. 5/1999 regarding Prohibition of Monopoly Practice and Unhealthy Competition of Bussiness, and what is the legal consequence of business transaction resulting in the monopoly practice? This was a normative research, the data used included secondary data, primary data and tertiary. The juridicial and normative approaches were used. And this used juridicial, normative, and descriptive analysisi. From the research it could be concluded that the contract freedom, the agreement made by business actors containing the prohibitios included monopoly, oligopoly, determination of price, regional division, boycott, cartel, trust, vertical integration, closed agreemeny and agrement with foreigners resulting in practice of monopoly and uhealthy competition of business.