POLITIK HUKUM PEMBERIAN HAK MONOPOLI KEPADA BUMN BERDASARKAN PASAL 51 UU NOMOR 5 TAHUN 1999
This study explores the provisions relating to exceptions to the rule contained in Act No. 5 of 1999 in accordance with article 51 of Act No. 5 / 1999 on prohibition of monopolistic practices and unfair business competition. The study is intended for philosophical reasons, as well as legal reasons t...
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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/90800/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=51947 |
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| Institution: | Universitas Gadjah Mada |
| Summary: | This study explores the provisions relating to exceptions to the rule contained in Act No. 5 of 1999 in accordance with article 51 of Act No. 5 / 1999 on prohibition of monopolistic practices and unfair business competition.
The study is intended for philosophical reasons, as well as legal reasons that State Owned Enterprises as known as Badan Usaha Milik Negara (BUMN) are exempted from the regulation of Act No. 5/1999. In addition, this study also looks at politics (legal philosophy) in terms of establishing the legal provisions of article 51 of Act No. 5 / 1999.
The study was a normative study in which this research will focus on assessment and
evaluation of secondary data which includes the study of legal principles, the purpose of law, and legal norms, as well as the elements and factors associated with the exceptions in Article 51 of Law No. 5 / 1999. This study focuses on library research / literature research, and as a supporter of secondary and tertiary data and then conducted field research also aims to complement the information / data needed in conducting the analysis.
The results showed that the monopoly granted to the State Owned Enterprises by state through government has not given yet to review the specific criteria to avoid the events that go hand in hand and create the paradox of political law (Legal philosophy) from Law No. 5 / 1999 which produces a positive effect or benefit to entrepreneurs from outside impact and negative or less impartial benefit Indonesian businessmen when granting such rights is not accompanied with the supervision by the competent institutions. |
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