KETERLAMBATAN PEMBERITAHUAN PENGAMBILALIHAN (AKUISISI) SAHAM PT PUTRA BONGAN JAYA OLEH TAIKO PLANTATIONS PTE. LTD DALAM PERSPEKTIF HUKUM PERSAINGAN USAHA

Abstract

Business competition has an important role in creating conducive and efficient conditions to maximize the economy. With this goal, many business actors take steps to take over company shares. One of them is Taiko Plantations Pte. Ltd. which took over the shares of PT Putra Bongan Jaya. In the case of taking over the shares of another company which causes a change in control, the asset value and the combined sales value exceeds certain limits, the KPPU must notify the KPPU within a maximum of 30 (thirty) working days. if in its implementation the notification is late, it will be subject to sanctions by the Business Competition Supervisory Commission. However, Taiko Plantations Pte. Ltd was late in making the notification. For that matter Taiko Plantations Pte. Ltd. is suspected of violating the prohibition on monopolistic practices and unfair business competition and was sued with a case decision Number 18/KPPU-M/2020. However, in the investigation conducted by KPPU, the takeover of PT Putra Bongan Jaya's shares by Taiko Plantations Pte. Ltd is proven not to result in monopolistic practices and unfair business competition. But Taiko Plantations Pte. Ltd. legally commits a violation by being late in notifying KPPU and being given a sanction in the form of an administrative fine which must be deposited into the state treasury.