Proceedings of the 4th International Conference on Law, Social Sciences, Economics, and Education, ICLSSEE 2024, 25 May 2024, Jakarta, Indonesia

Research Article

Legal Responsibility for Procurement of Monopolistic Practices in the Field of Logistics

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  • @INPROCEEDINGS{10.4108/eai.25-5-2024.2348939,
        author={Sugeng  Muntaha and Evita Isretno Israhadi},
        title={Legal Responsibility for Procurement of Monopolistic Practices in the Field of Logistics},
        proceedings={Proceedings of the 4th International Conference on Law, Social Sciences, Economics, and Education, ICLSSEE 2024, 25 May 2024, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2024},
        month={8},
        keywords={logistics legal liability tender},
        doi={10.4108/eai.25-5-2024.2348939}
    }
    
  • Sugeng Muntaha
    Evita Isretno Israhadi
    Year: 2024
    Legal Responsibility for Procurement of Monopolistic Practices in the Field of Logistics
    ICLSSEE
    EAI
    DOI: 10.4108/eai.25-5-2024.2348939
Sugeng Muntaha1,*, Evita Isretno Israhadi1
  • 1: Universitas Borobudur
*Contact email: sugmunt1994@gmail.com

Abstract

The purpose of this research is to understand the application of the Law of Contractual Obligations to Practice Monopoly in certain holding companies; especially how monopoly legal practices can be applied to the tender process to mitigate the emergence of monopolistic practices. The research method used is called juridical empirical legal research. The research findings from this study are as follows: Because they are the initiators of monopoly legal practices, procurement parties may be completely blind to practical monopoly legal practices in parent (parent) companies. This is because practical monopoly law is based on strict liability, vicarious liability, and theory. Apart from that, identification is also known as the business judgment rule, which states that directors cannot simply ignore disputes carried out by their staff, while in practice they apply monopoly law to the procurement department in connection with the tender process. It is carried out through a review process which includes review and approval from the relevant committees. Law enforcement as a mens rea and actus reas approach method, implements provisions regarding tender determination and direct appointment through clear mechanisms or procedures so that acts of prohibition against monopolistic practices can be implemented. Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition and the Criminal Code.