Analisis Yuridis Dugaan Praktik Monopoli oleh PT Pertamina Patra Niaga terkait Penjualan Avtur di Indonesia berdasarkan Perspektif Pasal 50 dan 51 Undang-Undang Nomor 5 Tahun 1999 tentang Larangan Praktik Monopoli dan Persaingan Usaha Tidak Sehat

Abstract

Not a few business actors violate the law in order to gain personal benefits and harm other parties. Such is the case of the monopolistic act allegedly committed by PT Pertamina Patra. Starting due to the high price of Avtur in Indonesia, even the highest in Southeast Asia. KPPU investigated allegations of monopolistic practices and market control by PT Pertamina Patra Niaga which allegedly prevented other business actors from entering the Avtur market, among others by refusing cooperation or limiting sales only to affiliates. The purpose of this study is to explain the potential applicability of Article 50 letter (a) and Article 51 of Law Number 5 Year 1999 to such violations. The type of research used is normative juridical using secondary data as the main data, consisting of primary, secondary and tertiary legal materials. As well as using qualitative data analysis which means that the formulation of justification is based on the quality of the opinions of legal experts, doctrines, theories, as well as from the formulation of legal norms themselves. The results of the research obtained that PT Pertamina Patra Niaga is exempted by Article 50 letter (a) of Law Number 5 Year 1999 but does not fulfill the elements of exemption by Article 51 because it is not included in the category of BUMN, however, with the enactment of Law Number 1 Year 2025, especially Chapter VIII C Article 85M, monopolistic actions carried out by PT Pertamina Patra Niaga as a subsidiary of PT Pertamina (Persero) can potentially be allowed, which can lead to legal uncertainty and abuse of dominant position either by BUMN or its subsidiaries