Question
1. Make a description in the form of a table related to the difference between company regulations, work agreements and collective labor agreements. 2. One
1. Make a description in the form of a table related to the difference between company regulations, work agreements and collective labor agreements.
2. One of the legal cases related to Manipulation in the Capital Market, one of which is Cornering The Market. Black Law Dictionary gives the definition of cornering the market as: the act or process of acquiring ownership or control of a large portion of the available supply of security, permitting manipulation of the security price. Give your analysis of this type of market manipulation and include examples?
3. Honda and Yamaha Allegedly Conduct Cartel
Jakarta-The Business Competition Supervisory Commission (KPPU) continues to try to crack down on business players who are playing with prices. After punishing tire manufacturers for being proven to have conducted cartels, KPPU is now targeting motorcycle manufacturers who set high prices. "The initial investigation into the alleged cartel of underbone (duck) and automatic scooter (scooter) motorbikes is at the KPPU's own initiative because it sees the price of motorbikes very expensive. In fact, motorbikes are a means of transportation that are widely used by the public," said KPPU Chairman Nawir Messi Last Friday (1/23). Based on preliminary investigations and other evidence gathered, Nawir assessed that there were irregularities in the price of motorcycles sold by manufacturers. KPPU found that the production cost of duck and scooter motorcycles was only Rp. 7.5 million, up to Rp. 8 million per unit. "In fact, producers sell at a price range above Rp. 15 million per unit," he said.
With the added profit margins of producers which are generally 15-20 percent, then the cost of replacing names is only hundreds of thousands of rupiah. Nawir considers the actual price of the motorbike not as high now. Appropriate prices for motorcycle and scooter not more than 12 million per unit. "Not to double what it is today," he stressed,
Nawir rate there are several possibilities that make the price of motorcycles and scooter expensive. First, producers take too much profit. Second, there was an agreement between producers not to reduce the price of their products. "That can not happen. Manufacturers do not need to compete with each other to get greater profits," he explained.
KPPU, explained Nawir, has strong enough evidence for the alleged cartel by the motorcycle manufacturer. At least, two motorcycle market rulers in the country were involved in the case, namely Honda and Yamaha. Even so, other producers may be questioned by KPPU. The amount of profits taken by producers, explained Nawir, can be seen from its financial statements. Based on these facts, Nawir considers that motorcycle manufacturers will not suffer losses even though the sales volume is declining. "There are two motorcycle manufacturers that we have asked for financial data for the last two years. There is something strange, production has dropped, profits have risen," he said.
According to Nawir, these conditions have made the consumer's rights to get a reasonable price seized. Therefore. KPPU plans to raise the case to the examination stage by inviting parties suspected of being involved in a cartel. "Next week we will make an invitation to the producers to clarify our suspicions," he said. Marketing Director of PT Astra Honda Motor, Margono, said that he could not give further responses regarding the allegations of the KPPU. Related to the price of an expensive motorcycle and scooter, he also dismissed the notion, "The price of Rp 15 million is reasonable and reasonable." he stressed. GM Marketing Assistant for PT Yamaha Indonesia Motor Manufacturing, Mohammad Masykur, claimed not to have received an official report from the KPPU regarding the cartel. But his party is ready to explain as much as possible to the Commission regarding the determination of the price of motorcycles. "The price per unit of the motorbike is determined based on production costs, raw materials, taxes, and transportation costs," he explained.
Source. Daily Radar Bangka. January 26, 2015, p.1
Case Questions:
a)] explain what is meant by the meaning of Monopolistic Practices and Unfair Business Competition?
b) In the case of "Honda and Yamaha allegedly doing Cartels"? Are there violations committed by corporations against Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition?
c) If there are sanctions that can be given to the corporation?
d) Give your recommendation for consumer protection efforts to the public against the efforts of corporations that carry out monopolistic practices, can people who are harmed do class action?
4. Expert judgment is one of the mechanisms for resolving disputes outside the court (Article 1 number 10 of Law Number 30 of 1999). What do you understand about this Expert Assessment?
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