KAJIAN HUKUM MENGENAI PERATURAN MERGER PASCA DIUNDANGKANNYA
PERATURAN PEMERINTAH NOMOR 57 TAHUN 2010 TENTANG PENGGABUNGAN ATAU
PELEBURAN BADAN USAHA DAN PENGAMBILALIHAN SAHAM PERUSAHAAN YANG
DAPAT MENGAKIBATKAN TERJADINYA PRAKTIK MONOPOLI DAN PERSAINGA
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Institusion
Universitas Atma Jaya Yogyakarta
Author
Sibuea, Henry Vazero
Subject
Ekonomi Bisnis
Datestamp
2013-05-06 13:28:58
Abstract :
Since Government Regulation Number 57 year 2010 is legislated, merger restraint system in Indonesia had changed from pre-merger notification to postmerger notification, where there is problem if that merger had implemented is deemed monopolize and or have bad impact to business competition so must be canceled. Whereas, before that government regulation is legislated, merger restraint system in Indonesia was regulated by Commission for the Supervision of Business Competition Regulation Number 1 year 2009 which use pre-merger notification system. The problem will be researched are how is the impact of that Government Regulation toward the merger notification of business; which regulation give law certainty so must be used in merger of business. This research use normative law research method which focus on law norm, examine literature and interview. The conclusion of this research is Government Regulation Number 57 year 2010 can?t gives a law certainty toward merger activity, because merger who had declared legally, had been implemented and had spent a lot of money is deemed illegal after investigated by KPPU (Commission for the Supervision of Business Competition). From the law certainty, KPPU Regulation gives more certainty of law. It is best for government to reconsider the effectiveness of that government regulation, because the merger activity develop increasingly from day to day. The business subject are better notify their merger plan to KPPU previously, to make a good condition in business competition.
Since Government Regulation Number 57 year 2010 is legislated, merger restraint system in Indonesia had changed from pre-merger notification to postmerger notification, where there is problem if that merger had implemented is deemed monopolize and or have bad impact to business competition so must be canceled. Whereas, before that government regulation is legislated, merger restraint system in Indonesia was regulated by Commission for the Supervision of Business Competition Regulation Number 1 year 2009 which use pre-merger notification system. The problem will be researched are how is the impact of that Government Regulation toward the merger notification of business; which regulation give law certainty so must be used in merger of business. This research use normative law research method which focus on law norm, examine literature and interview. The conclusion of this research is Government Regulation Number 57 year 2010 can?t gives a law certainty toward merger activity, because merger who had declared legally, had been implemented and had spent a lot of money is deemed illegal after investigated by KPPU (Commission for the Supervision of Business Competition). From the law certainty, KPPU Regulation gives more certainty of law. It is best for government to reconsider the effectiveness of that government regulation, because the merger activity develop increasingly from day to day. The business subject are better notify their merger plan to KPPU previously, to make a good condition in business competition.
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