| Summary: | This research is about Legal protection for the Consumer on the price fixing Action o f the Cellular Operators in SMS (Short Message Service) Tariff Setting. This research had a purpose to know and looked for the answer to the problem concerning the form of the cartel that was done by the cellular operator (Telkomsel, XL, Telkom, Bakrie Telecom, Mobile-8 and Smart Telecom) on the SMS tariff and knowing how the protection of the Law for the Consumer on the Price Fixing Action of the Cellular Operators in SMS tariff Setting. This research was the research with the juridical approach normative that is concerning legal principles, the rules of the law, and systemization of legal by means of researched library materials and the study of documents on the primary, secondary and tertiary legal material to receive the secondary data. Moreover, also was carried out by field research in order to receive the primary data in order to support the data that was received. For the field research, the writer appointed the Commission for the Supervision of Business Competition and Consumer Association from Indonesia in Jakarta as the informant. Technically the taking of the data used the interview. Qualitative analysis carried out towards the data that has been selected to the preparation of research reports which is descriptive. The results showed that the price fixing that happened was done by the cellular operators (Telkomsel, XL, Telkom, Bakrie Telecom, Mobile-8 and Smart Telecom) through cooperation agreements in determining tariff SMS especially the determination of tariff SMS inter-connection or off-net in the range of the price Rp 250 – Rp 350. Based on the decision KPPU No. 26/KPPU-L/2007 the operator has violated Article 5 of Law No. 5 of 1999 on the Prohibition of Practice of the Monopoly and Unfair Business Competition. The Protection of the Law for the Consumer on the price fixing Action of the Cellular Operators in SMS (Short Message Service) Tariff Setting is a competition policy that was one of the instruments of consumer protection. With the decision of KPPU then consumers benefit one of them was the decline in the SMS tariff that was significant. Previous customers lost opportunity to get the lower SMS tariff, lose the opportunity to use SMS service with more in the same price and lose the opportunity to choose.
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