Legal Protection of Micro, Small, and Medium Business Partnerships from an Anti-Monopoly Legal Perspective

Abstract

The role of Micro, Small, and Medium Enterprises (MSMEs) in 2020 was weakened due to the spread of the Corona Virus, which affected consumer behavior to prefer to stay at home. In principle, the government has pursued a partnership program that is expected to provide convenience, legal protection, and empowerment for MSMEs. However, in reality, there are still obstacles, both internal and external. This partnership needs supervision so that medium-sized businesses do not put pressure on micro or small businesses, as stated in KPPU Decision No. 2/KPPU/-L/2005. This article will be analyzed qualitatively through a normative-empirical approach. This article will analyze the legal protection of partnerships between MSEs and medium and large businesses from the perspective of anti-monopoly law through a partnership between the Mercure Makassar Nexa Pettarani Hotel and MSEs in Makassar. The results showed that The legal relationship between MSEs and the Mercure Makassar Nexa Pettarani, hotel can be established through the business partnership principle as stipulated in Law No. 20 of 2008 concerning MSMEs and Government Regulation No. 17 of 2013 concerning the Implementation of Law No. 20 of 2008. This partnership does not indicate abuse of the dominant position, even though the business partnership is still in the form of an underhand agreement. Legal protection for the implementation of MSME partnerships, the Business Competition Supervisory Commission has been given authority through Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, as well as Commission Regulation No. 4 of 2019 concerning Procedures for Supervision and Handling of Partnership Cases.