TENDER CONSPIRACY IN THE CONSTRUCTION OF THE MANDALA KRIDA STADIUM WITH LOCAL BUDGET IN 2016 AND PROCUREMENT
OF CONSTRUCTION WORKERS
(CASE STUDY OF ICC/KPPU DECISION NO.10/KPPU-I/2017)
Undergraduate Thesis
Arranged by:
Hardiana Rahmawati 20160610365
International Program for Law and Sharia Faculty of Law
Business Law
2021
DECLARATION PAGE
I hereby declare that the undergraduate thesis under the title “TENDER CONSPIRACY IN THE CONSTRUCTION OF THE MANDALA KRIDA STADIUM WITH LOCAL BUDGET IN 2016 AND PROCUREMENT OF CONSTRUCTION WORKERS (CASE STUDY OF ICC/KPPU DECISION NO.10/KPPU-I/2017)”, its contents are truly the work of my own and I did not do plagiarism or quotation in ways that are inconsistent with the prevailing ethic in the scientific community. On this statement, I am ready to bear the risk/any sanctions imposed to me following applicable regulations, if in the future found a breach of scientific ethics, I am willing to accept the sanctions.
Written by:
Name : Hardiana Rahmawati
Student Number : 20160610365
Faculty : Law
Major : International Program for Law and Sharia (IPOLS)
University : Universitas Muhammadiyah Yogyakarta
Yogyakarta, November 26th, 2020
Hardiana Rahmawati
DEDICATION PAGE ِمْسِب ِّالل ِنَمْح َّرلا مي ِح َّرلا
This Undergraduate Thesis is dedicated to My Lord, Allah Subhana wa-ta’ala
Prophet Muhammad Shallallahu ‘Alaihi Wa Sallam
My Beloved Parents
Marzuki, S.Sos Rafiqoh
FOREWORD
Alhamdulillâhi hamdan yuwâfî ni’amahu wa yukâfiu mazîdah, I am forever grateful for the presence of Allah Subhanahu wa-ta'ala, the Most Merciful and The Most Gracious who has given me His blessings and an opportunity to accomplish my undergraduate thesis as my final work entitled “TENDER CONSPIRACY IN THE CONSTRUCTION OF THE MANDALA KRIDA WITH LOCAL BUDGET IN 2016 AND PROCUREMENT OF CONSTRUCTION WORKERS (CASE STUDY OF ICC/KPPU DECISION NO.10/KPPU- I/2017)” to fulfill the requirement to obtain the degree of Bachelor of Law at the International Program for Law and Sharia, Faculty of Law, Universitas Muhammadiyah Yogyakarta.
I do realize that in the process of writing this thesis, many parties have helped and guided me, thus I would like to express my sincere gratitude to:
• My beloved parents, Marzuki, S.Sos, and Rafiqoh also my brother, Khairil Fadilah, whose love, prayers, and support to finish this thesis and hold the title of Bachelor of Law.
• Prof. Dr. Mukti Fajar ND, S.H., M.Hum. and H. Nasrullah, S.H., S.Ag., MCL as my Advisors, who have guided, motivated, and taught me about patience, wisdom, and compassion.
• All the lecturers and staff in the Faculty of Law, UMY especially IPOLS who have taught and helped me reach my goals during my study.
• My best friends, in Junior High School, Senior High School. I'm lucky to have you all.
I realized that this thesis is still far from perfection, therefore any suggestion is welcome.
Finally, I do expect this thesis will give benefits for readers and future research.
Wassalamualaikum warrahmatullahi wabarakatu.
Yogyakarta, November 26, 2020
Hardiana Rahmawati 2016610365
TABLE OF CONTENT
APPROVAL PAGE ... ii
ENDORSEMENT PAGE ... iii
DECLARATION PAGE ... iv
MOTTO PAGE ... v
DEDICATION PAGE ... vi
FOREWORD ... vii
TABLE OF CONTENT ... viii
LIST OF STATUES ... x
ABSTRACT ... xi
CHAPTER I INTRODUCTION ... 1
A. Background of Problems ... 1
B. Statement of Problem ... 7
C. Objective of Research ... 7
D. Benefit of Research ... 8
CHAPTER II LITERATURE REVIEW ... 9
A. Unfair Business Competition ... 9
B. Tender Conspiracy ... 22
CHAPTER III RESEARCH METHODS ... 43
A. Type Of Research ... 43
B. Data of Research ... 43
C. Data Collection Methods... 45
D. Analysis Method ... 45
CHAPTER IV FINDING AND ANALYSIS ... 46
A. Mechanism of Construction Services on the Construction of Mandala Krida Stadium
in the Province of the Special Region of Yogyakarta of 2016 ... 46
B. The Consideration of ICC/KPPU in Deciding the Case Number 10/KPPU-I /20017 59 CHAPTER V CONCLUSION AND RECOMMENDATION ... 83
A. Conclusion ... 83
B. Recommendation... 85
BIBLIOGRAPHY ... 86
LIST OF STATUTES
Acts
Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition
KPPU Guidelines for Article 22 of the Prohibition of Conspiracy in Tender.
