PERSEKONGKOLAN TENDER PENGADAAN PEKERJAAN KONSTRUKSI (STUDI PUTUSAN KPPU NOMOR 15/KPPU-L/2023)

Judam Fatwa Edial, NIM.: 20103040066 (2024) PERSEKONGKOLAN TENDER PENGADAAN PEKERJAAN KONSTRUKSI (STUDI PUTUSAN KPPU NOMOR 15/KPPU-L/2023). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The practice of conspiracy is one of the factors causing unhealthy business competition, one of the areas relating to the provision of government goods and services, namely tender activities, is that it is often found that several business actors conspire to determine the winner in a tender. One of them is the tender activity held by the Bogor Regency PUPR Service to provide opportunities for business actors to become providers of goods/services in the work to improve the Kandang Roda-Pakansari road. However, in its implementation there are indications of the practice of conspiracy by the tender participants, namely the facts of the similarity of the IP Address and Bid Documents submitted by PT Lambok Ulina and PT Tureloto Battu Indah, which is stated in the KPPU decision Number 15/KPPU-L/2023. With the explanation above, this research has a problem formulation, namely: 1) What is the practice of conspiracy in decision Number 15/KPPU-L/2023?. 2) How is the law enforced by the Business Competition Supervisory Commission (KPPU) in decision Number 15/KPPU-L/2023?. This type of research is juridical-normative research which uses three approaches, namely the statutory approach, the conceptual approach and the comparative legal approach. The nature of this research is descriptive, that is, it aims to explain and summarize various conditions, situations or variables contained in KPPU decision Number 15/KPPU-L/2023. The results of this research show that: First, the practice of conspiracy carried out by Lai Bui Min (Reported I), PT Lambok Ulina (Reported II), and PT Tureloto Battu Indah (Reported III) in KPPU decision Number 15/KPPU-L /2023 has fulfilled the elements of conspiracy contained in Article 22 of Law Number 5 of 1999. The practice of conspiracy carried out by these actors is horizontal conspiracy, where the conspiracy is carried out by/between business actors. Second, law enforcement carried out by the KPPU in decision Number 15/KPPU-L/2023 where the commission panel decided that the POKJA (Reported Party IV) was not guilty in this case, so the decision was not in accordance with the law. In enforcing the law on acts of conspiracy by the commission panel, the Rule of Reasons approach is used to analyze and resolve unfair business competition cases.

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