The Principle of Competition Balance In Indonesia's Nationalism Framework

Abstract

The importance of the role of competition in economic development in order to realize the welfare of the people, then the government should give serious attention to the rules of law, in particular competition law and competition law enforcement issues such business. Based on this background, it can be formulated in this dissertation How embodiment of the principle of balance in the prohibition of monopolistic practices and unfair business competition? How will the principle of balance in the prohibition of monopolistic practices and unfair business competition in the future? So that rules made in the field of competition law and government policies must not distort the market negatively, especially those that can lead to a variety of monopolistic practices and unfair business competition.

Furthermore, the formulation of norms in terms of competition law let really a balance of interests, a good balance between the interests of businesses and public interests or public interests among business people, as well as the balance between private and public interests. In this relationship, the government has issued Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. The principle of setting Balance Interest In The preamble and article of Law No. 5 of 1999 so that the principle of balance in the prohibition of monopolistic practices and unfair business competition can reflect equitable proportional to perform the role of the economic and control of resources and economic activities so that the principles of economic democracy is achieved. Standardization of treatment and facilities for small businesses and cooperatives in the face of competition with economic agents or employers in the form of: classifying certain business activities that cater for small businesses and cooperatives, and business fields that can not be penetrated by the larger one, or by specifying the standard value of the business or project that is only allowed to enter small businesses and cooperatives, and should not be entered by large employers. Determination is intended that the standardization of business competition can be run properly, honestly and efficiently, that the principle of economic democracy.Keywords: Principle of Balance, Competition, Economic Democracy