REGULASI TATA NIAGA KOMODITAS HASIL PERIKANAN DI NUSA TENGGARA TIMUR DALAM PRESFEKTIF LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT

Abstract

REGULASI  TATA NIAGA KOMODITAS HASIL PERIKANAN DI NUSA TENGGARA TIMUR DALAM PRESFEKTIF LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT

Abstract: This research aims to examine and analyze the Trading System for Fishery Product Commodities in East Nusa Tenggara in the perspective of the Prohibition of Monopolistic Practices and Unfair Business Competition, in this case regarding Governor Regulation Number 39 of 2022 concerning the Trading System for Fishery Product Commodities in East Nusa Tenggara which has created The seaweed commodity market is a monopsony where there are more buyers than sellers so that the competitive market becomes an imperfect competitive market. This Governor's Regulation also mandates prohibiting sales outside the region which has created a concept of protection in inter-regional trade in Indonesia.The research used is normative research and the results of the research found that: (1) Governor's Regulation Number 39 of 2022 is contrary to Law Number 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition because the Governor's Regulation has created a market with a monopsony pattern and Price determination carried out by the Head of the Fisheries and Maritime Service of East Nusa Tenggara Province which is contrary to Law Number 18 of 2012 concerning Food and Law Number 19 of 2013 concerning Farmer Protection where the price determination determined by the Head of the Department does not take into account Income and capacity. buy seaweed farmers and also fail to create favorable price conditions for seaweed farmers as mandated by these two laws; (2) The Protection Policy created by Governor Regulation Number 39 of 2022 is contrary to Law Number 5 of 1999 and also Law Number 7 of 2014 concerning Trade because inter-island trade according to Law Number 7 of 2014 is the authority of the Minister trading.

Keywords: commercial law, anti-monopoly law, monopsony, protection policy