ANALISIS TERHADAP PERKARA KETERLAMBATAN PELAPORAN AKUISISI (PERKARA NOMOR 02/KPPU-M/2018)

IF 0.9 3区社会学 0 HUMANITIES, MULTIDISCIPLINARY

Journal of Islamic Studies Pub Date : 2023-09-30 DOI:10.61341/jis/v1i2.018

Didik Budiyanto, Ahmad Sudirman Abbas, Irvan Iswandi

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引用次数: 0

Abstract

There are currently laws against monopolies and business competition in more than 80 nations worldwide and more than 20 other countries are trying to draft the same laws. In the current era of globalization, business competition in the trade market is getting tighter. Companies are required to always develop strategies and create new innovations to maintain their existence. One of the crucial legal tools in a market economy is competition law. The government aims to safeguard healthy competition between market participants through commercial competition law. This kind of study is done in libraries using a normative legal framework that draws on societal norms as well as legal standards found in laws, rules, and court rulings. The aims of this research are to find out the optimization of Law Number 5 of 1999 concerning the Commission for the Supervision of Business Competition (KPPU) for resolving monopoly problems and unfair business competition, and to find out the obligation to notify share acquisition by Savings and Loans Services Cooperatives. The results of the study concluded that KPPU has the authority over corporate actions carried out by Kospin Jasa in the form of acquisition of PT. ATU. Based on the principle of accountability based on the element of error, Kospin Jasa has legal responsibility for its actions. Mistakes made by Kospin Jasa are errors in the form of negligence.

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对延迟报告收购案例的分析（案例编号 02/KPPU-M/2018）

目前，全世界有80多个国家制定了反垄断和反商业竞争的法律，还有20多个国家正在努力起草同样的法律。在当今全球化时代，贸易市场的商业竞争日趋激烈。公司需要不断发展战略，创造新的创新来维持他们的生存。市场经济中最重要的法律工具之一是竞争法。政府旨在通过商业竞争法保障市场参与者之间的良性竞争。这类研究是在图书馆中使用规范性法律框架进行的，该框架借鉴了社会规范以及法律、规则和法院裁决中的法律标准。本研究的目的是找出1999年关于商业竞争监督委员会(KPPU)解决垄断问题和不正当商业竞争的第5号法律的优化，并找出储蓄和贷款服务合作社通知股份收购的义务。研究结果表明，KPPU对Kospin Jasa以收购PT. ATU的形式进行的公司行为具有权威。基于基于错误要素的问责原则，Kospin Jasa对其行为负有法律责任。Kospin Jasa所犯的错误是疏忽的错误。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Journal of Islamic Studies HUMANITIES, MULTIDISCIPLINARY-

CiteScore

1.40

自引率

11.10%

发文量

审稿时长

16 weeks

期刊介绍： The Journal of Islamic Studies is a multi-disciplinary publication dedicated to the scholarly study of all aspects of Islam and of the Islamic world. Particular attention is paid to works dealing with history, geography, political science, economics, anthropology, sociology, law, literature, religion, philosophy, international relations, environmental and developmental issues, as well as ethical questions related to scientific research. The Journal seeks to place Islam and the Islamic tradition as its central focus of academic inquiry and to encourage comprehensive consideration of its many facets; to provide a forum for the study of Islam and Muslim societies in their global context; to encourage interdisciplinary studies of the Islamic world that are crossnational and comparative; to promote the diffusion, exchange and discussion of research findings; and to encourage interaction among academics from various traditions of learning.