There is a normally and usual thing if there is a competition in trade world. Every entrepreneur always doing anything to make safety their bussiness, whatever it is a positive action or negative activity. Every effort which is taken by them to that purpose is sometimes give a good impact, but seldom make a damage or financial loss for other entrepreneur bussiness. Because of that, the government need to make regulation on it. The government make the regulation to regulate and order the bussiness way so that will not give a bad effect to anyone or any bussiness.
The regulation that government is about rule of competition bussiness between an entrepreneur and other ones. This is called trade competition law. The main idea of that regulation is to give protection for the entrepreneurs in operate their bussiness. Indonesia as a one of country in the world also make this regulation.
In 1999, Indonesia create a national law about determinate of trade competition, which called as Undang-Undang Republik Indonesia Nomor 5/ Tahun 1999 Tentang Larangan Praktek Monopoli Dan Persaingan Usaha Tidak Sehat. This Indonesian national law consist of 53 articles and 9 chapters. The purpose of that Indonesian law is to create eficiency condition in trade activity, increase citizenry and costumer prosperity (article 3). That regulation regulate all about the forbidden action or forbidden activity, also forbidden agreement to do in the trade competition.
Forbidden acts are ordered in article 17 until article 29. Some activities which is include on forbidden acts, such as activity called kegiatan monopoli (monopoly activity), kegiatan monopsoni (monopsony activity), kegiatan penguasaan pasar (market share activity), dan kegiatan persekongkolan (collusion activity).
Beside it, the forbidden agreement can found in article 4 until article 16. Some agreements which is include on forbidden agreement, such as agreement called perjanjian oligopoli (Oligopoly agreement), perjanjian penetapan harga (price fixing agreement), perjanjian pembagian wilayah (area distribution agreement), perjanjian pemboikotan (boycott agreement), perjanjian kartel (cartel agreement), perjanjian gabungan (trust agreement), perjanjian oligopsoni (oligopsony agreement), perjanjian integrasi vertikal (vertical integration agreement), perjanjian tertutup (closed agreement), dan perjanjian dengan pihak luar negeri (agreement with foreign party).
Determining of forbidden activity or forbidden agreement from one activity is based on two character/ characteristic or criteria of its activity. This matter also deal just the same with the forbidden agreements. The two criteria that Indonesian government use to determine a activity or agreement include on forbiden or unforbiden acts or agreement as ordered on Undang-Undang above are perse illegal and rule of reason.
Perse illegal criteria means that the act is inherently illegal. Thus, an act is illegal without extrinsic proof of any surrounding circumstances such as lack of scienter (knowledge) or other defenses. Acts are made illegal by statute, constitution, or case law. It is also very tight prohibition. Whatever the reason of doing one activity which is fullfill the prerequirement of prohibitive, so that activity is reputed as break the law or the rule. This is a simple proof to do by the authorize. The reason of using this criteria is because all the factors in determine every cases is very expensive and using a lot of energy. The purpose of using this criteria to determine a activity or agreement is to know how the activity or agreement that done by entrepreneur isn’t obstruct the competition, so it wiil give a impact on eficiency and customer lost. The example of perse illegal application seen in determine collusion activity. If there is a simple proof that show about this activity, there is unnessary to know about the agreement which made between enterpreneur who done the collusion activity.
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