KAJIAN TERHADAP PUTUSAN KOMISI PENGAWAS PERSAINGAN USAHA (KPPU) MENGENAI PERSEKONGKOLAN DALAM TENDER TAHUN 2011-2013 DIKAITKAN DENGAN UNDANG-UNDANG NOMOR 5 TAHUN 1999 DAN PERATURAN KPPU NOMOR 2 TAHUN 2010

Collusive agreement on tender is one of prohibited activitiesin Act No. 5 Year 1999. It is classified into 3 categories: collusive agreement of horizontal, vertical and mix horizontal-vertical. However in fact, there are many cases of collusive agreement on tender. From verdict data of KPPU, there are 20 cases of collusive agreement on tender which is handled by KPPU start from 2011 to 2013. Therefore, the author has interest to conduct research entitled “Reviewing KPPU Verdict Concern Collusive Agreement on Tender During 2011 – 2013 Related to Act No. 5 Year 1999 And KPPU Regulation No.2 Year 2010”. And the problem formulation are: a) what kind of collusive agreement on tender often be decided on KPPU verdict during 2011 – 2013?; b) Are Act No.5 Year 1999 and KPPU Regulation No. 2 Year 2010 effective to prevent collusive agreement on tender during 2011 – 2013?. The research method used is normative law research. It is one law research that requires secondary data as primary data. And the research result indicates interesting finding which there are 20 cases of collusive agreement on tender; most of them (18 cases) is mix horizontal – vertical cases and the rest is vertical cases. It is because there are involvements of government official on tender. Thus, Act No 5 Year 1999 and KPPU Regulation No 2 Year 2010 are not effective yet to prevent collusive agreement on tender cases