TINJAUAN YIRIDIS TENTANG HAK MONOPOLI PERUM PERURI DALAM PENCETAKAN UANG RUPIAH

Zachrudin, Prof. Dr. Nindyo Pramono, SH., MS; Hariyanto, SH., MKn

2008 | Tesis | S2 Ilmu Hukum (Magister Hukum-Hukum Bisnis)

The monopolistic practice is prohibited in Indonesia under the Law Number 5 year 1999 Concerning Prohibition of Monopolistic Practice and Unfair Business Competition (Antimonopoly Law). In the said Antimonopoly Law also regulated the exceptional of monopolistic practice. The monopolistic practice have been permitted with conditions as regulated by the law, must be performed by State Owned Enterprise (BUMN) or assignment institution and practice in the important production field for the nation and intention for the public and life of the people interest. The philosophy of the exceptional field of business which permitted as a monopolistic practice provide in the Fundamental Law of Indonesia year 1945 (UUD 1945) in Article 33. In the said Fundamental Law 1945 regulated that nation have the intention to manage and perform the important production field for the nation and intention for the public and life of the people interest. Production of Indonesian banknote is very vital and strategic for the nation therefore must be governed by nation. In the said Antimonopoly Law monopolistic practice have permit to be done in such field of business and must be regulated by law. In this current time Indonesia does not provides the law which regulating the monopoly practice for the banknote production or printing. Regulation concerning banknote is just a part of Law Concerning Central Bank (Undang-undang Bank Indonesia) and in Government Regulation Concerning Perum Peruri (The Indonesian Government Security Printing and Minting Corporation), and the said regulations which specifically concern about the printing of banknote is the Government Regulation Concerning Perum Peruri which mentioned that Perum Peruri granted the task to print rupiah banknote for Bank Indonesia requirement. In the other hands the monopolistic practice of banknote printing which regulated in Government Regulation raised the conflict about the validity of banknote printing monopolistic practice by Perum Peruri. The banknote printing practice since year of 1971 until now is performed by Perum Peruri in order to fulfill the Government Regulation and banknote printing technical and security reasons. The vacuum of the regulation formed in law concerning banknote printing does not mean the field of banknote printing as the important production field for the nation is free for the competition or discover for private business.

Kata Kunci : Monopolistic Practice