Private Pawn Institution in Antimonopoly Law in Indonesia

Abstract

A new round has been started for the pawn business with the enactment of the Financial Services Authority Regulation Number 13/POJK.05/2016, About Pawn Business. The POJK 13/POJK.05/2016 complements the Regulation of Pawnshop / Staatsblad No. 81 Year 1928 on the Pandhuis Reglement Staatsblad that regulates the State Pawn Company. The theory used to analyze in this research was Law of  Development Theory. While the Research Methods used in this research was normative juridical, with statute approach, conceptual approach, and historical approach.The results of this study were, first, the development of law on pawn institutions so far only revolves around changes in the status of government pawnshop legal entity. This indicates that the pattern of development of a pawn institutions is still “centrally planned economics” by only authorizing PT Pegadaian (Pesero) as the only state-owned enterprise to obtain the right to work in the pawning field. With the issuance of the Financial Services Authority Regulation Number 13/POJK.05/2016 Regarding the Pawn Business, the pattern of Pawn institutional regulation has shifted to "mixed planned economic", as the government has given private entrepreneurs the opportunity to engage in the management of the pawn business. Second, the involvement of the govenment in the practice of monopoly in Indonesia, at least in the concept of etatism, has a constitutional foundation in comparison with the market mechanism. This can be seen in Article 33 of the 1945 Constitution and Article 51 of Law no. 5 Year 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, in which the Law mandates the Government to conduct a monopoly if the sector becomes an important production branch for the country and affects the livelihood of the many people.

Keywords : Legal Development Theory, Private Pawn Institution, Antimonopoly Law