Tanggung Jawab Hukum Atas Keterlambatan Notifikasi Pengambilalihan Saham (Akuisisi) Asian Trails Holding LTD. Oleh Travel Circle International (Mauritius) LTD. Kepada Komisi Pengawas Persaingan Usaha (Studi Putusan Nomor 22/KPPU-M/2020).

Abstract

Business activities like acquisition is clearly regulated in Constitution No. 5 of 1999 concerning Prohibiton of the Practice of Monopoly and Unhealthy Business Competition. Travel Circle International (Mauritius) Ltd. acquired Asian Trails Holding Ltd. which affected their amount of assets to the point that they have to report their acquisition to the Indonesia Competition Commission (ICC). Travel Circle International (Mauritius) Ltd. belatedly report their acquisition so that they have to be sentenced with administrative penalty. Based on the problems above, we can formulate them into 3 (three) problem statements as follows: 1. What is the legal correlation between the acquisition that Travel Circle International (Mauritius) Ltd. do to Asian Trails Holding Ltd. with the possibility of the Practice of Monopoly and Unhealthy Business Competition that it has to be reported to the Indonesia Competition Commission? 2. What is the legal consequences of the late notifications on the acquisition by Travel Circle International (Mauritius) Ltd. to the Indonesia Competition Commission? 3. Does the Indonesia Competition Commission Verdict No. 22/KPPU-M/2020 fit the Indonesian Competition Policy? The research method that is being used in this study is normative juridical and uses two approaches, namely the statutory approach and conceptual approach and uses primary legal materials, secondary legal materials, and non-legal materials. Based on the analysis and discussion of the problems carried out, it can be concluded: first: Violation of Constitution No. 5 of 1999 juncto Government Regulation No. 57 of 2010 that’s most likely be done is late notification on acquisition because of the lack of knowledge of the existing rulings. Companies which are doing acquisitions that affect their amount of assets on a certain number have to report their acquisition to the Indonesia Competition Commission to avoid Practice of Monopoly and Unhealthy Business Competition from happening. Due to the late notification of acquisition, with enlighting consideration, the Indonesia Competition Commission Verdict No. 22/KPPU-M/2020 already fits the Constitution No. 5 of 1999 concerning Prohibiton of the Practice of Monopoly and Unhealthy Business Competition.