TINJAUAN PERSAINGAN USAHA ANTARA OPERATOR TELEPON SELULAR BERBASIS GSM (GLOBAL SYSTEM FOR MOBILE COMMUNICATION) DAN OPERATOR TELEPON BERBASIS CDMA (CODE DIVISION MULTIPLE ACCESS) BERDASARKAN UNDANG-UNDANG NOMOR 5 TAHUN 1999
The development of competition in the telecommunications industry has provided additional choice and benefits to consumers. In this industry, inefficiency is the initial signal that can be observed when there is an indication of monopoly or violation of the principle of healthy competition. Understa...
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| Main Authors: | , |
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| Format: | Theses and Dissertations NonPeerReviewed |
| Published: |
[Yogyakarta] : Universitas Gadjah Mada
2011
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| Subjects: | |
| Online Access: | https://repository.ugm.ac.id/88994/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=51008 |
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| Institution: | Universitas Gadjah Mada |
| Summary: | The development of competition in the telecommunications industry has
provided additional choice and benefits to consumers. In this industry, inefficiency is
the initial signal that can be observed when there is an indication of monopoly or
violation of the principle of healthy competition. Understanding the principles of
healthy competition itself often provoke debates.
The research method used in this paper is normative research (the study of
law in literature) is a method of research that addresses fundamental issues of library
materials or based on secondary data alone, ie data obtained from the first source is
not directly from the public, in the form of library materials either in the form of
literature such as books, magazines, newspapers and regulations court decisions,
treaties and other legal materials.
From the whole description above, several conclusions can be drawn that
in case Cartel short message service (SMS) by six mobile phone operators, the
Commission decided that PT Excelcomindo Pratama Tbk (XL), PT Telkomsel, PT
Telkom Tbk, PT Bakrie Telecom Tbk, PT Mobile-8 Telecom, and PT Smart Telecom
proved to have violated unfair competition by cartel short message service (SMS) and
for the sixth mobile operator was sentenced to pay a fine that is XL and Telkomsel
each worth Rp25 billion, Telkom ( Rp18 billion), Bakrie Telecom (Rp 4 billion),
Mobile-8 Telecom (5 billion). The legal basis used in deciding upon the above
Commission is article 5 of Law No. 5 of 1999. In case the above according to the
Commission's mobile operators have entered into an agreement with one another to
the detriment of mobile phone users incasu consumer / cellular phone subscribers
both pre-paid subscribers and post-paid subscribers. Consumer losses are estimated
six operators approximately Rp2, 827 trillion. Thus, the Commission imposed fines to
the sixth mobile phone operator is well below the loss incurred by customers sixth
phone operator. |
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