Karya Ilmiah
TESIS (3312) - Persaingan Usaha Tidak Sehat Dalam Kebijakan Sinergi BUMN
As state owned enterprises guidelines in carrying out the procurement of
goods and services, the Ministry of State-Owned Enterprises issuing SOE
Minister Regulation No. PER-05/MBU/2008 on General Guidelines for
Procurement of Goods and Services for State Owned Enterprises and amended by
PER-15/MBU/2012. Through the Minister of the Ministry of state owned
enterprises to apply the principle of synergy, that is the priority in the procurement
of goods and services by giving privileges to enterprises, Subsidiary state
enterprises or companies affiliated State Owned Enterprises in the form of direct
appointment without qualification process or the electoral process .
This thesis discusses the proof that State Owned Enterprises synergy
principle in the Minister of State Owned Enterprises Regulation No. PER-05/
MBU/2008 Jo PER-15/MBU/2012 is contradictory to the business competition
principle with the existence of discriminatory practices and provides an analysis
of the implementation of goods and services in State Owned Enterprises in
accordance the principle of fair business competition as input for the Government
to amend the Regulation of the Minister of State-Owned Enterprises on the
procurement of goods and services of State Owned Enterprises. The conclusion of
the authors is the number State Owned Enterprises Minister Regulation PER-05/
MBU/2008 is contrary to the principles of competition in Act No. 5 of 1999 that
hinder healthy competition. Therefore, the Commission needs to boost its role in
providing advice and balance to the Government, especially the Ministry of State
Owned Enterprises in order to change the number State Owned Enterprises
Minister Regulation PER-05/ MBU/2008 Jo. PER-15/MBU/2012, with reference
to the principles of competition law.
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