Analisis yuridis peran dan tanggung jawab notaris dalam akta penggabungan perusahaan (merger) kaitannya dengan larangan praktik monopoli dan persaingan usaha tidak sehat di Indonesia

SULASTRI, Sri, Drs. Paripurna Suganda, S.H., M.Hum., LL.M

2009 | Tesis | S2 Magister Kenotariatan

The purpose of this study was to determine and to analyze the criteria used to determine that the company merger can be categorized as unhealthy business competition; and the role and responsibility of notary in relation with RUPS deed making and company merger deed handled. This study was normative law study. It was a research done based on the reference data as the main data that was secondary data and law materials. The field study was conducted to complete the secondary data that was the main data in this study. The result of research showed that : (1) the criteria of company merger that was prohibited by Section 28 and Section 29 the Act Number 5 Year 1999 was company merger that was done in the purpose to occupy the market share. It was proved when the merger transaction was done to add the strength of company in the market (market power), and by the power, the company could increase the price above the competition price and to decrease the number of quantity of product that made consumer in disadvantage; (2) The resolve of law on the company merger that had potential to occupy the market share was done by Business Competition Controlling Commission (KPPU) by conducting the cancellation of the company merger that really made negative impact on unhealthy business competition; and (3) The responsibility of notary based on the information of all parties. In relation to company merger that resulted in or indicated a monopoly and unhealthy business competition, notary could not directly report those indications to KPPU because notary was bound by their position secret based on Act Number 30 Year 2004 about Notary Position.

Kata Kunci : Peran dan tanggung jawab notaris,Penggabungan perusahaan (merger),Larangan praktik monopoli dan persaingan usaha tidak sehat, The Role and Responsibility of Notary, Company Merger, Monopoly and Unhealthy Business Competition Prohibition