Penerapan Pasal 22 Undang-Undang Nomor 5 Tahun 1999 Tentang Larangan Praktik Monopoli dan Persaingan Usaha Tidak Sehat pada Tender Pengadaan Peralatan CT Scan RSUD DR. Pirngadi Kota Medan (Studi Putusan KPPU Nomor 8 Tahun 2013)

Abstract

Competition is a social process involving individuals or groups competing again each other and making something to achieve a certain victory, article 1 letter and of law No.5 of 1999 concerning the prohibition of monopolistic practices and unfair business competition is the competition between business actors in carrying out the production and or marketing activities of goods and or services conducted by dishonest or unlawful or inhibiting business competition the occurrence of cases existing in this case is proven to make a conspiracy with the procurement committee in the tender process tool CT Scan ( computerized tomography) there are three forms of conspiracy, namely tender conspiracy, conspiracy to divulge trade secrets, conspiracy to hinder trade.in writing this essay, writer make 2 problem formulation, between other ; 1) whether the procurement process of CT Scan equipment procurement in Dr.pringadi Medan Hospital is in accordance with the provision. Of law number 5 of 1999 concerning the prohibition of monopolistic practices and unfair business competition and KPPU’s decision number 8 of 2013. 2) whether the tender for the procurement of CT Scan equipment at the Dr.pringadi Hospital in Medan City meets the elements of the elements that come into the article 22 of No.5 of 1999 about the prohibition of monopolistic practices and unfair business competition unhealthy business perspectives have characteristics among others number of buyers a bit, goods traded heterogeneously in the consumer’s opinion, there is no freedom to set up and disperse companies to establish and disperse companies source of production is not free to move anywhere, buyers and sellers do not know each and do not know the goods traded. In this study the researcher uses the type of juridical normative research means the approach is made based on the main legal material by way of theory, concept, principles of law and legislation relating to this research. And the nature of the research used is descriptive location of research at KPD Medan representative office of Medan area. The result of this case study come from a public report an alleged violation of article 22 regarding conspiracy in the tender process of the tool CT Scan (computerized tomography) from Dr.pringadi Hospital Medan City. The results the discussion thus, tender conspiracy contains elements as follows ; elements of the abuser, the conspiratorial element,article 11 of Law no.5 of 1999 not only includes procurement activities undertaken by the government, But also procurement activities undertaken by state enterprises and ( BUMN/BUMD) private companies.