Pelanggaran Pasal 35 Ayat (1) Undang-Undang Nomor 20 Tahun 2008 tentang Usaha Mikro, Kecil, dan Menengah Dalam Perjanjian Kemitraan dengan Pola Inti Plasma Antara PT Hardaya Inti Plantations dan Koperasi Tani Plasma Amanah (Studi Putusan Nomor 02/KPPU-K/2023)

Abstract

This research aims to find out how the form of control that PT Hardaya Inti Plantations (PT HIP) as a large business has over the Koperasi Tani Plasma Amanah as an MSME which is its partner, so that the Commission Panel decided that PT HIP was proven to violate Article 35 paragraph (1) of Law Number 20 Year concerning the prohibition of large businesses to own or control MSMEs. This research focuses on three issues, namely how the characteristics of a healthy partnership according to Law Number 20 of 2008, how the implementation of a healthy partnership agreement with a core plasma pattern between large businesses and MSMEs and how the violation of Article 35 paragraph (1) of Law Number 20 of 2008 concerning Micro, Small and Medium Enterprises in a partnership agreement with a core plasma pattern between PT Hardaya Inti Plantations and Koperasi Tani Plasma Amanah. This research uses normative research methods that focus on analyzing laws and court decisions, namely the decision 02/KPPU-K/2023. The approach used is a statutory approach and a case approach. This research uses secondary data with primary, secondary, and tertiary legal materials. Furthermore, the technique used in data collection is literature study data collection technique. Data analysis and conclusion drawing used in this research using qualitative data analysis and deductive method. In Case Number 02/KPPU-K/2023, PT HIP, which is the core in its partnership with the Koperasi Tani Plasma Amanah was proven to have violated Article 35 paragraph (1) of Law Number 20 Year 2008 because PT HIP did not provide transparency in the management of oil palm plantations, did not carry out obligations in terms of technical, administrative, management, and technical guidance on a regular basis, and was not willing to make addendums to the agreement regarding matters that should be required in the partnership relationship. These actions fulfill the element of “control” as referred to in Article 35 paragraph (1) of Law Number 20/2008.