MASALAH PELAKSANAAN EKSEKUSI PUTUSAN KPPU NO 03/KPPU-L/2008 DAN DAMPAKNYA TERHADAP DUNIA INVESTASI DI INDONESIA

• Main Authors: , Arief Nugroho, SH, , Herliana S.H., M.Comm.Law
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2011
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/88489/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=50537
• Institution: Universitas Gadjah Mada

In the broadcasting rights of English Premiere League 2007-2010 season between PT. Direct Vision, All Asia Multimedia Network (AAMN), and ESPN Starsport (ESS) there was an allegation of violation of Article 16 and Article 19 letters a and c of Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. Problems arose when ESS as the holder of the broadcasting rights for Asia region transferred the rights to AAMN, a daughter company of ASTRO group based in Malaysia. This juridical normative and descriptive research took place in Jakarta. The data used are primary data obtained from field research and secondary data obtained from literature review. The field research was conducted through interview, while literature research was conducted through study document. The research shows that 1) the legal protection in the decision of the KPPU in regard to the principles of healthy business competition have been implemented correctly, reviewed from the viewpoint of anti-monopoly laws and Commission and unfair competition.2) at the practical level there are difficulties in implement ing the decision. This is because KPPU is not a judicial institution so that the decision, does not have the executorial strength , and the Commission has no jurisdiction in other state than Indonesia. 3) The impact of the decision decisions from the consumers point of view have a positive impact, however from investment point of view, it causes uncertainty for investors, especially in terms of investment in the field of exclusive rights such as broadcasting rights.