Tinjauan Yuridis Pengajuan Keberatan Pelaku Usaha Terhadap Putusan Komisi Pengawas Persaingan Usaha (Studi Kasus Putusan No 175/Pdt.G/2014/PN.Mdn Jo Putusan MA No704K/Pdt.Sus-KPPU/2015)

Abstract

Unfair business competition can be understood as a condition of competition among business actors running unfair or cheating. Law no. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition provides three indicators to declare unfair business competition, namely: Unfair business competition, business competition which is done by against law and business competition done by inhibiting the occurrence competition among business actors. The purpose of this research is to know the regulation concerning matters relating to the business actor and the decision of the Business Competition Supervisory Commission, to know the legal force of the decision of the business competition supervisory commission as investigator and examiner of business actor and to know the process of business actors' objection to the decision of the supervising commission business competition on Decision No. 175 / Pdt.G / 2014/PN.Mdn Jo Decision No. MA. 704K / Pdt.Sus-KPPU / 2015. This research uses 2 (two) methods: Library Research (Library Research) is by doing research on various sources of reading that is books, legal magazines, opinions of scholars, laws and also materials and field research (Field Research) is by doing spaciousness in this case the author directly conduct a study at the Medan District Court by taking a related decision that is Decision No. 175 / Pdt.G / 2014/PN.Mdn Jo Decision No. MA. 704K / Pdt.Sus-KPPU / 2015 for analysis. The results of research conducted in this thesis is The regulation of business actors and the decision of the Business Competition Supervisory Commission is Law Number 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, Law no. 8 of 1999 concerning Consumer Protection, Regulation of Business Competition Supervisory Commission Number 1 Year 2010 concerning Procedure of Case Handling and Presidential Decree of the Republic of Indonesia Number 75 Year 1999 concerning Business Competition Supervisory Commission and Supreme Court Regulation of the Republic of Indonesia no. 1 of 2003 on Procedures for Filing Objection of Legal Objection of KPPU's Decision. The legal power of the Competition Supervisory Commission's decision determines if there is no objection, the decision of the Business Competition Supervisory Commission has permanent legal force. Objection process on decision No. 175 / Pdt.G / 2014/PN.Mdn Jo Decision No. MA. 704K / Pdt.Sus-KPPU / 2015 conducted by a business actor to reject the decision of the business competition supervisory commission in the district court in accordance with the applicable provisions in which the result of the terrain court in the first level whose content is to cancel the decision of the competition supervisory commission but, filed a cassation whose contents reinforce the verdict issued by the Commission of Business Competition Supervisory to business actors.