ANALISIS YURIDIS DAMPAK SARAN DAN PERTIMBANGAN KPPU TERHADAP PENYELENGGARAAN AKTIVITAS BONGKAR MUAT DI KABUPATEN KUBU RAYA (STUDI KASUS SURAT SARAN DAN PERTIMBANGAN KPPU NOMOR 147/K/S/III/2024)

Abstract

This study analyses that many government policies are in conflict with competition law, potentially leading to monopolistic practices in the market. The research objectives to be achieved in this study are to analyse the procedures for providing KPPU advice and considerations to the government based on Article 35 letter e of the Business Competition Law and Perkom 4/2023, and to analyse the position of KPPU advice and considerations regarding regent regulations that are in conflict with the Business Competition Law, in this case the Kubu Raya Regent Regulation, as well as the impact of KPPU Advice and Consideration Letter Number 147/K/S/III/2024 on the implementation of loading and unloading activities in Kubu Raya Regency. The method used is normative juridical through an analysis of the advice letter from KPPU, which will be examined from the aspect of competition law. The data collected and managed are sourced from primary data, secondary data, and other relevant sources, either through interviews or other methods, which are processed into answers to the problems. The research results indicate that the issuance of the KPPU's Letter of Advice and Consideration Number 147/K/S/III/2024 is based on Commission Regulation Number 4 of 2023 concerning the provision of advice and considerations regarding government policies related to monopolistic practices and/or unfair business competition regarding potential opportunities for monopolistic practices in loading and unloading activities in Kubu Raya Regency.

Keywords: Business Competition Supervisory Commission, Government Policy, Business Competition Law, Monopolistic Practices.