Universitas Bhayangkara Jakarta Raya

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Saimima, Ika Dewi Sartika and sukarmiati, sukarmiati (2019) JURIDICAL OVERVIEW OF ALLEGATION OF PREDATORY PRICING PRACTICE IN ONLINE APPLICATIONS OF PUBLIC TRANSPORTATION IN INDONESIA. In: International Conference 3 rd ICGLOW, 7-8 September 2019, Surakarta.

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Abstract

: Developing technologies have now changed the way of thinking, working and also mobility of our society. Technology sector is becoming a revolution of industry which have developed in society. However, technology development is not supported by public policy and government regulation to anticipate such change. In law sector, the existing policy and government regulation is not functionate in harmony There is an inequality when technology's presence cannot go along due to the different point of view with the existing laws and regulations. Upon such technology development, the technology transportation services have now come up. The presence of online transportation has caused legal problems to arise. One of them that will be discussed in this paper is Predatory Pricing practice allegedly conducted by applicator businessmen in the field of online public transportation company. The implementation of predatory pricing allegedly conducted by applicator online transportation company has caused businessmen in the relevant market closed down and has caused barrier to entry to the online transportation which causes unfair competition. In practice, Rule of Reason approach in this predatory pricing is difficult to prove due to the investigation process and deep economic analysis. The role of regulation in business competition is unable to protect small and medium enterprises in transportation field to keep exist and compete in facing this predatory pricing practice as the purpose of this regulation. The presence of online transportation has to be controlled as it might caused a very low price to be applied by applicator of online transportation which fulfilled the element of prohobited activites based on Law No.5 of 1999 Article 20 concerning Predatory Pricing. In its impelementation, such activity cannot be proceed by KPPU, while unfair business competition continues to occured in practice. This has shown that such regulation is not effective to protect business competition, eventually online transportation technology is becoming a threat to the sustainability of conventional transportation. Therefore, the predatory pricing regulation in the Law of Unfair Business Competion in Indonesia needs to be reassessed and its implementing regulation which put forward mitigation needs to be renewed to become a legal basis to KPPU to act so that it can create fair business competition, legal certainty and justice by creating the same level playing field in the public transportation in Indonesia. Keywords : Predatory Pricing, Transportation Online

Item Type:	Conference or Workshop Item (Paper)
Subjects:	Ilmu Sosial > Hukum > Hukum Perdata
Divisions:	Fakultas Hukum > Magister Ilmu Hukum
Depositing User:	Ika Saimima Sartika Saimima
Date Deposited:	09 Jul 2020 02:04
Last Modified:	09 Jul 2020 02:04
URI:	http://repository.ubharajaya.ac.id/id/eprint/3137

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