JURIDICAL ANALYSIS OF OBSTACLES AND EFFORTS TO CREATE EFFICIENCY OF BELAWAN CONTAINER TERMINAL PORT FROM A LEGAL PERSPECTIVE BUSINESS COMPETITION

Law

The purpose of this study is to identify and analyze indications of inefficiency in business practices at ports and are a form of unfair business competition, examine legal remedies that can be taken to create a climate of healthy business competition at ports as a solution to the implementation of Law Number 17 the Year 2008 which has not been effective in realizing an efficient business structure in ports. Referring to the formulation of the problem that the author has stated above, the author wishes to research the Obstacles and Efforts to Create Efficiency at Belawan Container Terminal Port from the Perspective of Business Competition Law. Such a position certainly results in Pelindo and other companies related to Pelindo having a very dominant position. The Port Business Entity, which previously acted as the operator as well as regulator, is no longer a regulator. There are also problems with Pelindo, which still acts as a regulator. This is certainly contrary to the existing regulations because the OP should be the one carrying out the regulation of functions, control, and supervision of commercially operated port activities. From an economic perspective, the dominant position as the described will of courseise able to cause inefficiency which is also contrary to the principles and objectives of Law Number 5 of 1999. The results of the study explain the factors that become Obstacles in Efforts to Create Efficiency of Belawan Container Terminal Port in the Perspective of Business Competition Law are factors of law enforcement officers, community factors as well as facilities and infrastructure factors, Legal efforts that can be taken to create a fair business competition climate as a form of effort to realize efficiency in business practices at Ports include imposing sanctions on business actors who practice unfair business competition healthy and monopolistic in accordance with Law Number 5 of 1999. In addition, efforts can be made are through improve the management of the Belawan container port terminal.

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