Analisis Yuridis Potensi Pelanggaran Pasal 17 Dan Pasal 19 UU No. 5 Tahun 1999 Dalam Kebijakan Pasokan BBM Pertamina Kepada SPBU Swasta

This study aims to analyze the potential violation of Article 17 and Article 19 of Law No. 5 of 1999 in PT Pertamina (Persero)'s fuel supply policy to private gas stations, particularly regarding the 2024-2025 supply controversy. The research method uses a normative juridical approach with statutory and conceptual analysis. Data were collected through a literature review of laws and regulations, KPPU decisions, competition law literature, and official documents related to the base fuel supply restriction case and the fuel import policy. The results show that Pertamina's actions have the potential to violate Article 17 of Law No. 5/1999 because they fulfill the elements of abuse of dominant position. Pertamina controls more than 90% of the national fuel distribution market share with full control over critical infrastructure. The practice of providing low-quality base fuel with ethanol content that does not meet specifications, combined with unequal import quota restrictions, has resulted in private gas stations experiencing supply shortages and the threat of business closure. Rule of reason analysis shows that the negative impact is greater than the claimed efficiency. The discussion revealed that Pertamina's actions also potentially violate Article 19 of Law No. 5/1999 concerning market share control, resulting in monopolistic practices. Pertamina's dominance, reaching 92.3%, is reinforced by government regulations, creating structural barriers for competitors. Discriminatory practices in import quota allocation. Pertamina Patra Niaga receives 613,000 kiloliters while private companies only receive 7,000-44,000 kiloliters demonstrate a systematic strategy to maintain the monopoly. This situation results in market distortion, decreased investment in the energy sector, and threatens national energy security.