Proceedings of the Second International Conference on Public Policy, Social Computing and Development (ICOPOSDEV 2021)

The Dilemma of Partnership in the Perspective of Competition Law

Authors
Mohammad Reza1, mohammad.reza@mail.ugm.ac.id, M. Hawin2, Ningrum Sirait3
1Universitas Gadjah Mada
2Universitas Gadjah Mada
3Universitas Sumatera Utara
Corresponding Author
Available Online 15 February 2022.
DOI
10.2991/assehr.k.220204.029How to use a DOI?
Keywords
partnership; MSME; competition
Abstract

The welfare of all citizens is the goal of every nation. The Indonesian Government adopted various economic policies to archive it. One of the causes of the financial crisis in Indonesia is unfair business competition, among others nepotism and collusion between the authorities and businesses, thereby shattering the economic structure of Indonesia. Law N.5/1999 on Prohibition of Monopolistic Practices and Unfair Business Competition become tools to abolish nepotism and collusion in business. Competition is the best approach to restore the economy because it will trigger innovation and efficiency to benefit producers and consumers. The fair and open business competition will limit and erode nepotistic and collusive behavior. However, the Indonesian business culture is not oriented to free competition. Article 33 of the Indonesian Constitution contains the philosophy of the Indonesian economy builds on a joint effort of the principle of kinship. This philosophy places partnership as a feature of the Indonesian economy, and Law N.20/2008 on Micro, Small, and Medium Enterprises regulates further. Arduous for Indonesian culture to accept the competition concept since the “gotong royong” is the main principle in economics. Competition and partnerships became a dilemma when vis-a-vis. This research will analyze the crossing path of competition and partnership to find the right approach to harmonize between competition and partnership and as an input for KPPU as an institution that has the mandate to oversee the business competition and supervise partnership.

Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the Second International Conference on Public Policy, Social Computing and Development (ICOPOSDEV 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
15 February 2022
ISBN
10.2991/assehr.k.220204.029
ISSN
2352-5398
DOI
10.2991/assehr.k.220204.029How to use a DOI?
Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

TY  - CONF
AU  - Mohammad Reza
AU  - M. Hawin
AU  - Ningrum Sirait
PY  - 2022
DA  - 2022/02/15
TI  - The Dilemma of Partnership in the Perspective of Competition Law
BT  - Proceedings of the Second International Conference on Public Policy, Social Computing and Development (ICOPOSDEV 2021)
PB  - Atlantis Press
SP  - 176
EP  - 184
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220204.029
DO  - 10.2991/assehr.k.220204.029
ID  - Reza2022
ER  -