AKIBAT HUKUM PENERAPAN JUAL RUGI SEBAGAI STRATEGI PENETAPAN HARGA YANG DILAKUKAN OLEH PT. CONCH SOUTH KALIMANTAN CEMENT ATAS PENJUALAN SEMEN DI WILAYAH KALIMANTAN SELATAN (STUDI PUTUSAN KPPU NOMOR: 03/KPPU-L/2020)

Abstract

Selling at a loss is a form of pricing strategy that is prohibited in Article 20 of Law No. 5/1999. However, the application of the law to the practice of selling and losing requires proof of the impact that has been caused on the conditions of business competition. One of the cases that have been decided by the KPPU regarding this loss-selling is the Decision on Case Number: 03/KPPU-L/2020. The Commission Council decided that PT. Conch South Kalimantan Cement has been legally and convincingly proven to have violated Article 20 of Law No. 5/1999. Through normative legal research, research results are obtained from the handling of the case. First, is the practice of unfair business competition by PT. Conch South Kalimantan Cement in selling PCC type cement in South Kalimantan is predatory pricing which violates the provisions of Article 20 of Law No.5/1999. Second, the legal consequences of the practice of selling and losing by PT. Conch South Kalimantan Cement is the imposition of administrative sanctions by the Commission Council in the form of imposing a fine of Rp. 22,352,000,000.00 (twenty-two billion three hundred fifty-two million rupiah). Third, the legal considerations of the Commission Council in deciding Case Number: 03/KPPU-L/2020 are in accordance with the rules of business competition law. The purpose of this journal research is to understand and analyze the practice of selling at a loss carried out by PT. Conch South Kalimantan Cement in the cement industry in Indonesia. The Commission Council bases its considerations on the juridical facts revealed in the trial through the evidentiary process based on the rule of reason principle by using acceptable evidence as valid evidence.

KEYWORDS: Cement, Price, Selling-Loss