ARCHIVES
VOL. 10, ISSUE 3 (2024)
Juridical analysis of unfair business competition tender contraction for construction of langsa regional referral Hospital (Study decision number: 04/KPPU-L/2020)
Authors
Maya Lisdayani
Abstract
Law Number 5 of 1999 prohibits collusion between business actors and
other parties who are not necessarily business actors, as well as
conspiratorial behavior. Unfair business competition was examined in this
research, namely unhealthy business competition, namely conspiracy to bid for
the construction of the Langsa Regional Referral Hospital in the Aceh Health
Service Working Unit of the Aceh Provincial Government.which is contrary
to legal provisions. The aim of this research is to find out and explain the
mechanism, evidence and considerations of judges in the tender conspiracy for
the construction of the Langsa regional referral hospital in decision number:
04/KPPU-L/2020. This research method is researchnormative
juridical. The research data sources are primary legal materials and secondary
legal materials. Primary legal materials are the main sources, such as Decision
Number: 04/KPPU-L/2020 and laws related to the problem. The data collection
technique used is library techniques. The data analysis used isanalytical
descriptive analysis. The research results show that the conspiracy mechanism
in the tender for the construction of the Langsa Regional Referral Hospital is
that initially, the tender announcement was made by setting a budget of IDR
40,000,000,000.00. There are 108 companies interested in participating in this
tender. Then, a clarification meeting was held, at the next stage, namely the
conspiracy stage, there were indications of unfair practices. Proving Tender
Conspiracy is carried out using several pieces of evidence in the form of
letters relating to the tender process, witness statements, documentary
evidence. The judge's considerations in this case are in Decision Number: 04:
KPPU-L-2020 considering the following, Reported Party I's confession, Reported
Party I did not submit evidence, Fulfillment of the elements of Article 22 of
Law Number 5 of 1999 concerning Prohibition of Monopoly Practices and
Competition Unhealthy Business, Take into consideration the things that might
relieve the Reported Party.
Download
Pages:142-147
How to cite this article:
Maya Lisdayani "Juridical analysis of unfair business competition tender contraction for construction of langsa regional referral Hospital (Study decision number: 04/KPPU-L/2020)". International Journal of Law, Vol 10, Issue 3, 2024, Pages 142-147
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.