The trend is increasingly showing that many agreements in business transactions that occur are not through a balanced negotiation process between the parties but agreements to occur in a way that one party has prepared standard conditions on an agreement form that has been printed and then presented to the other party for approval. agreed with almost no freedom at all to the other party to negotiate the proposed terms.

Relive these conditions, the government as one of the elements in maintaining national economic stability needs to change a pattern of protection for business actors without compromising the protection of consumers. Because business actors and consumers have an attachment of interests that absolutely cannot be denied. As we all know that the principle of justice in economic democracy must be maintained without compromising legal certainty as one of its orientations. This pattern can be implemented later in regulations related to the rights and obligations of business actors in realizing fair business competition but still paying attention to the balance of relations with consumers in providing legal protection for business actors and consumers.

Fitzgerald explains Salmond's theory of legal protection that the law aims to integrate and coordinate various interests in society because in a traffic of interests, protection of certain interests can only be done by limiting various interests on the other hand. The interest of the law is to take care of human rights and interests, so that the law has the highest authority to determine human interests that need to be regulated and protected.

It must also be noted that in their respective positions, business actors and consumers are closely related in terms of interests. Of course, the interests of business actors are so that the goods/services traded are in demand by consumers so that there are buying and selling transactions between business actors and consumers. As in the previous study that business actors are bound by competition between business actors (external) as well as by the application of economic principles, capital is minimal with maximum possible turnover (in terms of internal). Meanwhile, in another perspective, business actors must not harm consumers in any form. Of course, both perspectives are regulated by sanctions contained in each law as charted in the Anti-Monopoly and Unfair Business Competition Law and the Consumer Protection Law. According to Gustav Radbruch, the law must contain 3 (three) identity values, namely as follows: a) The principle of legal certainty (rechtmatigheid), This principle is reviewed from a juridical point of view. b) The principle of legal justice (gerectigheit), this principle reviews from a philosophical point of view, where justice is equal rights for all people before the court. c) The principle of legal expediency (zwech matigheid or doelmatigheid or utility)

In Law no. 5 of 1999 there is a formulation of provisions on the principle of balance of interests, namely the balance between the interests of business actors and the public interest. The formulation of the principle of balance can be found in the preamble, explanation and articles in Law No. RI. 5 of 1999. But in its realization the principle of balance of interests in Law No. RI. 5 of 1999, has not reflected proportional equity for business actors and provides protection for consumers to carry out economic roles and control of resources and economic activities, so that they have not fully implemented the principles of economic democracy by taking into account the balance of interests. That small business actors and cooperatives (to a limited extent) are exempted from the prohibitions contained in the law. However, exceptions to the prohibition, especially only in a limited way, do not give meaning (significant) to the ability of small entrepreneurs and cooperatives to survive and compete in the face of big business actors. Because the law itself

It is undeniable that the position of business actors under Law no. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, which is also complemented by regulations regarding sanctions for violators through Government Regulation Number 44 of 2021 concerning the Implementation of the Prohibition of Monopolistic Practices and Unfair Business Competition. In addition to this law, there is also Law no. 8 of 1999 concerning Consumer Protection which incidentally contains sanctions for business actors who do not pay attention to the balance of position between business actors and consumers. So that if the position of business actors is considered, apart from experiencing horizontal restrictions, they must also pay attention to the interests of consumers vertically.

The balance between laws and regulations with the values ​​of justice recognized in society in realizing economic democracy. Whereas in applying the balance, the judge in his decision is based on the principles, purposes and objectives of Law no. 5 of 1999, which is to protect the public interest and improve the efficiency of the national economy as one of the efforts to improve people's welfare.

Thus providing legal protection not only for business actors but also legal protection for consumers. That's what I think needs an in-depth study of the right arrangements to create a fair business competition climate. As what is the purpose of the law itself: namely to provide benefits, justice, and legal certainty, which ultimately encourages economic growth and improves people's welfare. in Indonesia. The key to modern business competition today lies in three main challenges, namely how to make the products offered better, faster, and cheaper. These three challenges need to be faced by taking into account the increasingly tight and imperfect competition among business actors today, so the values ​​of healthy business competition: need to get greater attention in the Indonesian economic democracy system, the strength of strategy and quick and precise decision making by the actors. business. regulations for business actors in business competition, including Law no. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition

Government Regulation No. 44 of 2021 concerning the Implementation of the Prohibition of Monopolistic Practices and Unfair Business Competition (“PP 44/2021”), which further regulates the provisions for determining administrative sanctions in the form of fines.

Speaking of consumer protection, the regulation is in Law no. 8 of 1999, Article 2 of the UUPK clearly states that consumer protection is based on benefits, justice, balance, security and consumer safety as well as legal certainty.

In this study the main key to consumer protection is that there is mutual need between consumers and business actors: business actors and consumers Production will be useless if no one consumes or uses it and products that are consumed and used if they make consumers satisfied will make free promotions for actors business so that there is a level of efficiency and effectiveness in doing business for business actors. Consumer protection is very important, for every transaction it does with business actors.

There are several factors that weaken consumers. Among them are the low level of consumer awareness of their rights, the unconditioned consumer community because as a society they do not know their rights and where their rights are channeled if they experience difficulties or lack of a reasonable standard of goods or services. demanding their rights, complicated judicial process and prolonged time and weak consumer position.

More than that, economic democracy requires that everyone who does business in Indonesia must be in a situation of fair and reasonable competition, so as not to cause a concentration of economic power in certain business actors, without being separated from the agreements that have been implemented by the state against the agreements. international.

Considering the weak position of consumers in general: compared to the position of producers, protection of consumers is an important and urgent matter, especially in the current era of free trade, the issue of consumer protection is increasingly complex. Examples include product responsibility, product standardization, health standards, weighing goods, halal causes, environmental care, and advertising activities.

Reviewing the nature of the provisions of Law no. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition: the main thing is to provide maximum business opportunities for small businesses to grow stronger in business competition in the midst of domestic and global business competition. This more attention to small and micro businesses does not automatically rule out attention to businesses classified as medium and large businesses in Indonesia. In an economic democracy, a healthy business competition climate must absolutely be created and maintained properly so that an atmosphere of business competition exists and unfair competition can be avoided. Economic democracy requires equal opportunities for every citizen to participate in the process of producing and marketing goods and/or services, in a healthy, effective, and efficient climate, thereby encouraging fair market economic growth.

The organization of these interests is carried out by limiting and protecting these interests. Based on the description above, it can be said that the legal protection given to a person is the right of the person concerned. This means that the legal protection given to small business actors is also the right of the business actor, so that he can carry out his business activities properly. In a climate of fair and competitive business competition, there will be an efficient allocation of resources, therefore business actors will produce goods and services in accordance with the needs of the community at prices determined based on production costs. As a consequence, inefficient business actors will be eliminated.

It must also be noted that in their respective positions, business actors and consumers are closely related in terms of interests. It is of course that the interests of business actors are so that the goods/services traded are of interest to consumers so that there are buying and selling transactions between business actors and consumers. As in the previous study, business actors are bound by competition between business actors and with the application of economic principles, minimum capital with maximum possible turnover. Meanwhile, in another perspective, business actors must not harm consumers in any form. Of course, both perspectives are regulated by sanctions contained in each law as charted in the Anti-Monopoly and Unfair Business Competition Law and the Consumer Protection Law.

Author : Ni Luh Made Mahendrawati, lecturer in Faculty of Law at Warmadewa University