Unfair Business Competition in Bankruptcy Institutions and Suspension of Debt Payment Obligations in Indonesia
Abstract
Unfair business competition in the business world is not uncommon even though there has been a law on the prohibition of monopolistic practices and unfair business competition, namely Law Number 5 of 1999. Basically, in carrying out business activities, it is natural for business actors to compete with other business actors, but must comply with legal signs governing such competition. Along with the increasingly complex development of the business world and the ever older anti-monopoly and unfair business competition laws, unfair business competition practices are also developing. On this occasion, unfair business competition practices will be discussed by bankrupting competing business actors. The study in this paper uses the normative juridical research method which prioritizes literature studies through the applicable laws and regulations in Indonesia as well as several related book references and uses an analytical descriptive approach. Based on the studies carried out, along with the results of his research, competition for market share control for business actors is a very strategic matter as a result of which business actors often use unhealthy methods as stipulated in the anti-monopoly and unfair business competition law. Unfair business competition in the perspective of bankruptcy law as mentioned above can occur due to weaknesses in regulatory patterns regarding bankruptcy requirements as stated in Article 2 paragraph (1) UUK & PKPU.
Keywords: unfair business competition practices, bankruptcy
References
[1] Article 3 of Law Number 5 of 1999 concerning the prohibition of monopolistic practices and unfair business competition.
[2] Emmy P. Economic law analysis of competition law: Prohibition of monopolistic practices and unfair business competition, based on Law no. 5 of 1999. Yogyakarta:Gajah Mada University; 2013.
[3] Anindita. Improving writing ability of students of Law Business Department of Bina Nusantara; 2013.
[4] Siswanto A. Business competition law. PT. Jakarta: Ghalia Indonesia; 2002. p. 14.
[5] Widjaja G. Mergers in a Monopoly Perspective. Jakarta: PT Raja Grafindo; 2002.
[6] Ellipse. Elliptical economic law dictionary. Ellipse Project, Jakarta; 1997.
[7] Riani S, Nurhasanah P, Afwa U. Pertanggungjawaban Hukum Direksi Induk Terhadap Risiko Bisnis Anak Perusahaan pada Holding Company BUMN. Indones. Law Reform J. 2021 Nov;1(3):303–17.
[8] Anggraeny I, Tongat T, Rahmadanti WD. URGENSI PELAKSANAAN TAHAPAN PERSIAPAN PENYUSUNAN KONTRAK OLEH PELAKU BISNIS DALAM MENGKONTRUKSI HUBUNGAN BISNIS. Yurispruden J. Fak. Huk. Univ. Islam Malang. 2020 Jan;3(1):1–11.
[9] Ellipse. Business competition and laws that regulate it in Indonesia, Ellips Project, Jakarta; 1999.
[10] Hikmahanto Juwana. Legal politics of law in the economic sector in Indonesia. Journal of Business Law. 2004;23-61.
[11] 11. Remy S. History, principles, and theory of bankruptcy law understanding Law no. 37 of 2004 concerning bankruptcy and postponement of debt payment obligations. Jakarta: Prenadamedia Group; 2016.
[12] Teti Marsaulina. Corporate debt from an economic policy perspective. 2002.