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

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.