PARTNERSHIP AGREEMENT BY DOMINANT POSISSION UNDERTAKINGS: LEGAL PROTECTION OF MICRO, SMALL, AND MEDIUM-SIZED ENTERPRISES

Abstract

Micro, Small, and Medium-sized Enterprise is the economic sector that can absorb the largest
workforce in Indonesia. MSMEs must be empowered and developed to improve
competitiveness. To develop businesses owned by large and small business actors, both of them
make a partnership agreement. The purpose of this research is to develop and improve a
mutually beneficial bargaining position for the parties in a partnership and to create a healthy
business competition. It also aims to protect business actors in the perspective of business
competition law so that in the market structure, there is no economic concentration by certain
business groups and control of business partners. This research was conducted using a statute
approach, an approach that uses legislation or regulations related to business competition law
as well as those related to patterns of partnership between large business and MSME actors.
Case approach was applied to conduct an analysis in accordance with the legal facts that exist
to complement and describe the unfair business competition in the community. The results
show there is an imbalance in the agreement that causes a loss to one of the parties. There are
behaviors that can result in unfair business competition, such as abuse of bargaining position
and unilateral price determination beyond normalcy. Indonesian laws regulate policies so that
MSMEs can be treated fairly and receive legal protection in the event of abuse.