PERLINDUNGAN HUKUM TERHADAP PESERTA TENDER DALAM PERSENGKOLAN TENDER PELAKSANAAN PENGADAAN BARANG DAN JASA MENURUT HUKUM PERSAINGAN USAHA DI INDONESIA

• Main Authors: , Abdul Harrits Fadlullah, , Prof. Dr. Nindyo Pramono, S.H., M.S.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2011
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/89005/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=50681
• Institution: Universitas Gadjah Mada

The purpose of this study was to determine the completion of the tender conspiracy that occurred between one of PK3S operating in Indonesia (hereinafter referred PK3S) with PT Paras Megah Utama. The conspiracy occurred in the tender held for the procurement of manpower services for the PK3S. In this thesis, the problem of activity in the tender conspiracy that resulted in unfair competition is one thing that is strictly prohibitted by Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. The conspiracy took place when there is cooperation between two or more persons in order to win certain bidders. Article 22 of Law No. 5 / 1999 states that business actors are prohibited from conspiring with others to arrange and or determine the winning bidder so that it can result in unfair business competition. This type of research is normative research is descriptive analytical. Data collection techniques used are literature studies. Legal materials used include Primary Legal Materials (1) The Book of Law Civil Law, Law No. 5 of 1999, Law No. 40 of 2007, (2) secondary legal materials: scientific books