{"title":"基于商业竞争法的pelindo (persero)去垄断后的港口垄断经营活动","authors":"Putu Samawati Saleh","doi":"10.24815/kanun.v24i3.24230","DOIUrl":null,"url":null,"abstract":"Since the implementation demonopolization of port business activities in 2008, the condition of Indonesian port business competition still dominates of PT.Pelindo (Persero) with market share od 84%. Even though the state has imposed a demonopolization policy with the aim of opening up opportunities for private port business entities to become competitors for PT.Pelindo (Persero). The monopolistic condition of PT Pelindo (Persero) is the reason to discuss in this paper. Finding mind problem in normative construction to get some solution are also be a purpose of this article. A normative juridical research and a statutory approach was carried out to find legally what was wrong in the port management mechanism. The expected results are in the form of normative improvement efforts that can be made in an effort to increase competition in port services, particularly in regards to restoring the role of port authorities and affirming the regulation of the separation of roles between port authorities and port business entities. This improvement is necessary, given the important role of ports as connectivity and mobility in Indonesia.","PeriodicalId":31748,"journal":{"name":"Kanun Jurnal Ilmu Hukum","volume":"299 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"MONOPOLISTIC PORT BUSINESS ACTIVITIES POST-DEMONOPOLIZATION OF PT.PELINDO (PERSERO) BASE ON BUSINESS COMPETITION LAW\",\"authors\":\"Putu Samawati Saleh\",\"doi\":\"10.24815/kanun.v24i3.24230\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Since the implementation demonopolization of port business activities in 2008, the condition of Indonesian port business competition still dominates of PT.Pelindo (Persero) with market share od 84%. Even though the state has imposed a demonopolization policy with the aim of opening up opportunities for private port business entities to become competitors for PT.Pelindo (Persero). The monopolistic condition of PT Pelindo (Persero) is the reason to discuss in this paper. Finding mind problem in normative construction to get some solution are also be a purpose of this article. A normative juridical research and a statutory approach was carried out to find legally what was wrong in the port management mechanism. The expected results are in the form of normative improvement efforts that can be made in an effort to increase competition in port services, particularly in regards to restoring the role of port authorities and affirming the regulation of the separation of roles between port authorities and port business entities. This improvement is necessary, given the important role of ports as connectivity and mobility in Indonesia.\",\"PeriodicalId\":31748,\"journal\":{\"name\":\"Kanun Jurnal Ilmu Hukum\",\"volume\":\"299 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-12-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Kanun Jurnal Ilmu Hukum\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.24815/kanun.v24i3.24230\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Kanun Jurnal Ilmu Hukum","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.24815/kanun.v24i3.24230","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
MONOPOLISTIC PORT BUSINESS ACTIVITIES POST-DEMONOPOLIZATION OF PT.PELINDO (PERSERO) BASE ON BUSINESS COMPETITION LAW
Since the implementation demonopolization of port business activities in 2008, the condition of Indonesian port business competition still dominates of PT.Pelindo (Persero) with market share od 84%. Even though the state has imposed a demonopolization policy with the aim of opening up opportunities for private port business entities to become competitors for PT.Pelindo (Persero). The monopolistic condition of PT Pelindo (Persero) is the reason to discuss in this paper. Finding mind problem in normative construction to get some solution are also be a purpose of this article. A normative juridical research and a statutory approach was carried out to find legally what was wrong in the port management mechanism. The expected results are in the form of normative improvement efforts that can be made in an effort to increase competition in port services, particularly in regards to restoring the role of port authorities and affirming the regulation of the separation of roles between port authorities and port business entities. This improvement is necessary, given the important role of ports as connectivity and mobility in Indonesia.