Analysis of Alleged Violations of Law Number 5 of 1999 Concerning Prohibition of Monopolistic Practices and Unfair Business Competition Upon 2022 Increasing Cooking Oil Price Phenomenon
Mohammad Faiq Abiyyan, Prof. Dr. Paripurna Poerwoko Sugarda, S.H., M.Hum., LL.M
2023 | Skripsi | S1 ILMU HUKUM
This Legal Research aims to analyze how does the analysis of Competition Law in Indonesia towards the possible violation upon the increasing price of cooking oil and scarcity in 2022; and analyze how these alleged violations may legally and financially affects customers.
In answering the existing research questions, this Legal Research used normative legal research methods which study the legal rules, court decisions, legal principles, and legal doctrine. The data collected were analyzed using qualitative methods and the results were described qualitatively-descriptively. In conclusion, pursuant to the initial violation allegation by KPPU investigation number 15/KPPU/-I/2022, the possible violations are price fixing, cartel, and market control. KPPU has managed to find 2 evidences in regards all of these possible violations, but they had not publicized it yet in terms of what those key evidences connects to which violation. Although the said condition, all of these violation allegations made by KPPU are justified because all of those possible violations matched the characteristics of each conduct. Though KPPU did not specifically found the exact price fixing agreement, price fixing is probable to take place due to the identical parallel cooking oil price movement. Cartel is probable to take place due to the market nature of cooking oil environment in Indonesia is oligopolistic and allegedly the precursory conduct of price fixing had been met. Market control conduct is probable to take place due to the majority market share is controlled by some of the Defendants, that they are able to conduct product distribution limitation that caused scarcity of cooking oil. These alleged violations caused the irrational price increasing in cooking oil and the domestic shortage of cooking oil in Indonesia.
Kata Kunci : Kartel, Minyak Goreng, Penetapan Harga, Penguasaan Pasar