TANGGUNG JAWAB HOLDING COMPANY (INDUK PERUSAHAAN) TERHADAPANAK PERUSAHAAN DALAM LARANGAN PRAKTEK MONOPOLI MENURUT UNDANG-UNDANG NOMOR 5 TAHUN 1999

ubsidiaries in the region. If these subsidiaries together with other companies, where the same owner commandeered by an independent company, the company is referred to pengomando parent company or holding company. This poses a problem if the holding company is located outside the territory of Indonesia. Because the businesses referred to in Act Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition means any person or business entity established and domiciled in the legal territory of Indonesia. Here will take effect on the position of the holding company, whether it can be regarded as business operators according to Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition and how the holding company is also liable to the perpetration of violations of the prohibition of monopolistic practices conducted by its subsidiaries. The method used in this paper is a normative legal research methods, namely, a process to determine a rule of law, principles of law, as well as legal doctrine to address legal issues faced. This paper aims to determine the position of the holding company and its responsibility to conduct monopolistic practices committed by its subsidiary. The conclusion that can be drawn from this that is based on the theory of Single Economic Entity Doctrine, the holding company may be categorized as entrepreneurs because it is seen as a single economic entity with its subsidiary and take responsibility for the violations of monopolistic practices by its subsidiary if it proves its subsidiaries do not have the independence to can set the direction of the company