Konvergensi Hukum Dan Ekonomi Dalam Pengaturan Kartel

The research is titled “the Convergence of Law and Economics in Regulating Cartel,” it is a form of doctrinal juridical research. The state of the art of the research is the phenomenon of antitrust law, in casu cartel, that introduces and receives economics paradigm in inquiring and developing its concepts and theories. According to that phenomenon, there are debates in the schools of thought of jurisprudence which is agree and disagree concerning to the doctrine of the autonomy of law contrary to that phenomenon. Therefore, the main issues of the research are the ontology of cartel; and the convergence of law and economics in regulating cartel. The type of the research is normative legal research using statute approach; conceptual approach; and case approach. Finally, the research concludes: The statute of the Republic of Indonesia Law Number 5 Year 1999 formulating cartel in narrow sense; Thus, the research provide a new definition or a re-definition of cartel for consideration. Consequently, the meaning of cartel becomes as “an anti-competitive agreement between competitors whose supply goods and services in the same relevant market”; Therefore, as a consequence of the re-definition, the conducts are quilified as cartel covers: oligopoly agreement, price fixing agreement, predatory pricing agreement, boycott agreement, market division agreement, cartel relate to Law Number 5 Year 1999 perspective, market power agreement, and bid-riggings or collusive tenders; The ontology of cartel is an agreement and a form of planned or command economy or economic collectivism; The provisions concerning contract or agreement by the perspective of the Burgerlijk Wetboek (BW) could not be applied to enforce antitrust law, cartel in particular; law and economics are converging in the inquiring and developing concepts and theories of antitrust law in casu cartel; the convergence of law and economics could be justified by law and economics school, critical legal studies school, law as an autopoietic system school, but could not be justified by legal formalism and neo-traditionalism