Tinjauan Yuridis Terhadap Keterlambatan Pemberitahuan Pengambilalihan Saham PT Kadi Indonesia Manufaktur oleh Nippo Corporation (Studi Putusan Nomor 16KPPU-M2023) Ditinjau Dari Hukum Persaingan Usaha

Abstract

This research examines the juridical review of the delay in notification of the acquisition of shares in PT Kadi Indonesia Manufaktur by Nippo Corporation, based on Decision Number 16/KPPU-M/2023. The purpose of this study is to analyze the regulation of share acquisitions, the obligation to notify share acquisitions under Indonesian competition law, the legal consequences of delayed notification, the legal basis, juridical implications, and the application of sanctions for such delays, as well as to provide an analysis of the KPPU’s decision in this case. The research method employed is normative juridical, using statutory and case study approaches, by examining Law Number 5 of 1999, Government Regulation Number 57 of 2010, and KPPU Decision Number 16/KPPU-M/2023. The results indicate that Nippo Corporation was proven to have delayed the notification and was therefore subject to administrative sanctions in the form of fines in accordance with the prevailing regulations. This delay occurred due to a lack of understanding by the business actor regarding the notification procedures stipulated in competition law. The conclusion of this research emphasizes the importance of compliance by business actors with competition law provisions in order to create a healthy competitive climate, and affirms that the KPPU’s decision is in line with the principle of legal certainty and supports the enforcement of competition law in Indonesia.