Pembentukan Holding Bumn Sektor Penerbangan Dalam Perspektif Hukum Persaingan Usaha

• Main Author: Nina Amelia Novita Sari
• Format: Theses and Dissertations NonPeerReviewed
• Language: Indonesian; Indonesian; Indonesian; Indonesian; Indonesian; Indonesian; Indonesian
• Published: 2020
• Subjects: K Law
• Online Access: http://repository.unair.ac.id/95507/1/1.%20HALAMAN%20JUDUL.pdf; http://repository.unair.ac.id/95507/2/2.%20ABSTRAK.pdf; http://repository.unair.ac.id/95507/3/3.%20BAB%20I.pdf; http://repository.unair.ac.id/95507/4/4.%20BAB%20II.pdf; http://repository.unair.ac.id/95507/5/5.%20BAB%20III.pdf; http://repository.unair.ac.id/95507/6/6.%20BAB%20IV.pdf; http://repository.unair.ac.id/95507/7/7.%20DAFTAR%20PUSTAKA.pdf; http://repository.unair.ac.id/95507/; http:/www.lib.unair.ac.id
• Institution: Universitas Airlangga

The development of welfare system is one of the objectives of the state as affirmed in Constitution of Republic of Indonesia in 1945. To accomplish the objective, it required role of economic actors in harmony. The role of State Owned Enterprise (BUMN) is essential as well. Unfortunately, the performance of BUMN as the agent of economic development is deficient. It proven from low profit earned, the inability to provide quality goods or services at affordable prices, and haven’t been able to compete in busiunness competition globally. Therefore, to optimalize the role of BUMN, restructurisation needs to be performed. One of the method to restructuring BUMN which being intensively carried out by the Indonesian government is through the establishment of holding BUMN. The aim is to increase the capability of BUMN in terms of finance, assets, and business prospects. In the early 2019, there were plan to establish a holding BUMN in the aviation sector. However, there is a potency for unfair competition. It is because in the holding BUMN of aviation sector, there are airport management companies, namely PT Angkasa Pura I (Persero) and PT Angkasa Pura II (Persero) as well as one of the airline companies namely PT Garuda Indonesia (Persero) Tbk as one of the user. Thus, this will cause injustice for competing airline companies. The objective of this study is to analyze the unfair competition potencies in the establishment of holding BUMN of aviation sector and analyze forms of legal protection for business competitors. The research is normative legal research which uses 3 (three) approach, the conceptual approach, statute approach and comparative approach. The result of this study indicates that there are 2 (two) potencies form of unfair competition due to the establishment of holding BUMN of aviation sector which are abuse of domination position and trust.