ANALISIS EFEKTIVITAS UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT TERHADAP PEMBATASAN PRAKTEK KARTEL DI INDONESIA

This essay titled Analysis of The Effectiveness Regulation Number 5 of 1999 on Monopoly Practice Ban and Unfair Business Competition on Restriction of Cartel Practices in Indonesia. Cartel practice is one of agreements banned in Regulation Number 5 of 1999 on Monopoly Practice Ban and Unfair Business Competition. Recently cartel practice cases have mushroomed in Indonesia. The growing cartel practices occur because of some factors such as Act that gives opportunity for it or the legal organization that cannot reach business actors who do cartel. It becomes the reason why cartel practice has mushroomed in Indonesia. This research is aimed to understand Regulation Number 5 of 1999 on Monopoly Practice Ban and Unfair Business Competition effective in cartel practice restriction in Indonesia. The research method utilized is normative law research by viewing rules concerning the effectiveness of Regulation Number 5 of 1999 on Bans of Monopoly Practice and Unfair Business Competition. The result of this research indicates that Regulation Number 5 of 1999 on Bans of Monopoly Practice and Unfair Business Competition has not been effective in the cartel practice restriction in Indonesia. It is caused by some irrelevant Articles with the society development, especially they who work in economic and business field so that it should be a revision of the rules. The intended articles are Article 1 Number 5 that manages the definition of businessman, Article 47, 48, and 49 which manage sanctions and Rule of Reason formulation accompanied by the strong authority of Business Competition Supervisory Commission (KPPU) so that it restricts Business Competition Supervisory Commission (KPPU) moves in cartel practice ver