Analisis Penerapan Essential Facilities Doctrine terhadap Penguasaan Pasar oleh PT Telekomunikasi Indonesia sebagai Badan Usaha Milik Negara (Studi Putusan KPPU Nomor 02/KPPU-I/2004)

Abstract

Essential Facilities Doctrine is doctrine in Competition Law Which burdensome obligation for business actors controlling important facilities to provide reasonable access to other business actors who need these facilities to carry out their business activities effectively. This doctrine have significant relevance with market control and monopolistic practices regulated in Law Number 5 of 1999 concerning Monopolistic Practices and Unfair Business Competition. Research was conducted on the existence of this doctrine Which intended to analyze legal provisions and application limitations Essential Facilities Doctrine In the perspective of business competition in Indonesia, especially in the case of PT Telekomunikasi Indonesia as a State-Owned Enterprise as reflected in the KPPU Decision Number 02/KPPU-I/2004 concerning blocking of codes International Direct Connection (SLI). Using normative legal research methods, results study show that Essential Facilities Doctrine have limitations specific in its application which makes this doctrine possible to be set aside, especially when there are special provisions in the law that provide exceptions to certain business actors. Analysis against KPPU Decision Number 02/KPPU-I/2004 shows that the Commission Council was correct in evaluate that SLI is via a local fixed network meet the criteria essential facility, namely facilities that are difficult to duplicate, controlled by dominant business actors, and essential for competitors to be able to compete. KThe complexity of each different market control case requires the KPPU to make provisions and characteristics of important facilities more explicit and comprehensive in order to provide legal certainty in the implementation.Essential Facilities Doctrine in the future.