Praktik Persaingan Usaha Tidak Sehat dalam Pelaksanaan Kemitraan antara PT. Bulungan Citra Argo Persada dengan Koperasi Serba Usaha Mega Buana (Studi Putusan KPPU Nomor 21/KPPU-K/2019)

Abstract

The growth of MSMEs must be balanced with the implementation of fair partnerships to prevent domination by large enterprises. Issues surrounding the partnership between PT Bulungan Citra Agro Persada and Koperasi Serba Usaha Mega Buana indicate alleged dominance and a failure to fulfill partnership obligations. Therefore, it is important to examine the situation for its alignment with the principles of healthy business competition. This study aims to analyze the implementation of the partnership between PT Bulungan Citra Agro Persada and Koperasi Serba Usaha Mega Buana based on the principles of fair business competition law. This study employs a normative-juridical method utilizing statutory, conceptual, and case-based approaches. Legal materials - comprising legislation, KPPU Decision Number 21/KPPU-K/2019, and legal literature - are analyzed qualitatively through a literature review. It was found that the partnership between PT Bulungan Citra Agro Persada and Koperasi Serba Usaha Mega Buana administratively satisfied the requirements of a nucleus-plasma partnership agreement. However, the actual implementation revealed discrepancies, including delays in developing the plasma plantations, limited technical guidance, PT BCAP’s dominance in management, and the cooperative’s restricted access to financial information and decision-making processes. These conditions indicate that the partnership’s implementation has not fully reflected the principles of equality, transparency, mutual need, mutual strengthening, and mutual benefit. Consequently, although the agreement formally complies with legal provisions, its implementation potentially conflicts with Article 35, Paragraph (1) of Law Number 20 of 2008, which prohibits large-scale enterprises from dominating micro, small, and/or medium-sized enterprises. The Commission Panel ruled that the partnership between PT BCAP (a large enterprise) and KSU Mega Buana (an MSME) was not proven to violate Article 35, Paragraph (1) of Law No. 20 of 2008. Although the obligation to develop plasma plantations had not been fully met, no evidence was found indicating that PT BCAP exercised control over the cooperative—an element deemed crucial for establishing a violation. The amicable settlement, debt repayment, and handover of a portion of the plasma plantations demonstrated the good faith of both parties. Consequently, the implementation of the partnership was deemed lawful and consistent with the principles of legality and fairness.