Alifa Nurin Sabrina (2019) Penerapan Prinsip Ekstrateritorialitas Terhadap Pengawasan Pengambilalihan Saham Dalam Hukum Persaingan Usaha (Analisis Perkara Toray Advanced Materials Korea Inc.). Skripsi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

The definition of business actors regulated in Law No.5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition only covers business actors who are established and domiciled or as long as they carry out their activities within the territory of Indonesia. The definition of business actor is still too narrow and actually becomes an obstacle in law enforcement of business competition if there is an anti-competitive practice carried out by business actors from outside the territory of Indonesia, which has an impact on the Indonesian business competition climate. Therefore, it is necessary to apply the principle of Extraterritoriality in the context of enforcing fair business competition law in Indonesia, one of which is related to the supervision of acquisitions. the issue of supervision over acquisitions that require the principle of extraterritoriality is found in the case of the delay in notification of the takeover of shares by Toray Adavanced Materials Korea Inc. against Wongjin Chemical to KPPU. KPPU tries to apply the principle of extraterritoriality in the case of the late notification, because KPPU is considered to have no authority over two business actors because it is domiciled outside the jurisdiction of Indonesia.

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