Kajian terhadap penguatkuasaan undang-undang pencegahan monopoli dan amalan persaingan tidak sihat ke atas syarikat perniagaan di Riau

This is a study on the implementation of the anti-monopoly and unhealthy business practices law in the Province of Riau, Indonesia based on the Number 5 Law of the year 1999 i.e Undang-undang Nombor 5 tentang Larangan Praktik Monopoly dan Persaingan Usaha Tidak Sihat 1999. The study addresses the problems faced in the implementation of the law and the suggested solutions to the problems. The law was enacted to prevent the practice of monopoly and unhealthy business practices among the business operators/companies in control of the large market and abusing their dominant positions in the market. The method of the study has chosen the organization of PUSKOPAU as a study sample to see whether the practice of monopoly by PUSKOPAU is monitored by the responsible enforcement body that is the Komisi Pengawas Persaingan Usaha (KPPU). Due to the limitations in the KPPU delivering its function as an enforcement body appointed by virtue of the said law, the monopoly is practice PUSKOPAU has been overtaken by the Lembaga Swadaya Masyarakat (LSM). This is a social organization with the function of settling the cases that could not be solved by other responsible bodies. Another sample in the study is the “Multiyears” Project to study the unhealthy business practices within the Jabatan Pekerjaan Umum and the practice of conspiracy in the procurement of government construction projects. The location of the study is in the City of Pekanbaru, Riau, Indonesia. The method of research involved the conduct of interviews and discussion with respondents and authorities in the implementation of the said law. The findings of the study indicated that practices of monopoly is by the PUSKOPAU by taking control of the taxi services at the airport of Sultan Syarif Kasim, Pekanbaru. It was also found that the Chairman of the Committee of Goods and Services at the Jabatan Pekerjaan Umum was involved in unhealthy business practices in the form of unfairly procuring the award of government projects in contravention with the 1999 law. The rigged award of procurement project is an economic loss to Indonesia due to the reason that the project was run not in accordance with the project schedule, failhere in meeting is targets, work was not of quality ecpected and inefficiency in the management of the project. Finally the study proposes suggestions that will be beneficial to the authorities especially in Pekanbaru and the government of Kabupaten Siak, Indonesia to enable to KPPU to be adequately funded and be equipped with ample officers at the provincial level. It is also suggested that the KPPU remained independent of other government organs such as the executive to ensure a more effective enforcement role and function.