Kajian Yuridis Pendistribusian Langsung Produsen ke End-User dalam Kaitannya terhadap Keberlangsungan Pelaku Usaha Distribusi

Abstract

The distribution of goods is regulated by Government Regulation Number 29 of the year, which divides the concept of distribution into two: direct and indirect distribution. The concept of direct distribution can only be used by micro, small-scale producers, and producers who manufacture perishable goods that do not last 7 days. Producers with medium and large-scale criteria must conduct indirect distribution, which is mediated by distribution business actors. However, in reality, many medium and large-scale producers engage in direct distribution of goods. This is due to the emergence of e-commerce platforms that provide a space for producers and end-users to interact with each other. According to a POPULEX survey, 82% of end-users prefer to shop directly with producers due to lower prices compared to retailers. The purpose of this research is to analyze whether the actions of medium and large-scale producers engaging in direct distribution to end-users cause losses for distribution business actors and to see whether these actions fulfill the elements of prohibited activities under Law No. 5 of 1999. The research method used is a normative library research method, which involves collecting secondary data consisting of primary, secondary, and tertiary legal materials. The actions of medium and large-scale producers engaging in direct distribution of goods cause losses for distribution business actors. The market share that should belong to distribution business actors can be taken directly by producers. As a result, the actions of producers engaging in direct distribution to end-users meet the elements of prohibited activities under Law No. 5 of 1999 concerning Monopolistic Practices and Unfair Business Competition.