Khatami, Muhammad Arkaan and Trihastuti, Nanik and Priyono, FX. Joko (2026) PERTAMINA’S SINGLE WINDOW IMPORT POLICY EXAMINED UNDER THE COMPETITION LAW. _049 DG 2026. Undergraduate thesis, Fakultas Hukum Universitas Diponegoro.

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Abstract

This study examines the single-window fuel (BBM) import policy implemented by PT Pertamina (Persero) from the perspective of competition law, particularly regarding its classification as either per se illegal or rule of reason and its assessment under Article 51 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. The issue arises from the centralization of fuel imports by Pertamina, which on one hand aims to maintain national energy supply stability, but on the other hand has the potential to create market dominance and limit access for other business actors. This research aims to analyze the juridical qualification of the single-gate fuel import policy and the limits of monopoly legitimacy by state-owned enterprises in strategic sectors. The research employs a normative juridical method using statutory, conceptual, and case approaches through the analysis of legislation, legal doctrines, and relevant legal literature. The findings indicate that the single-gate fuel import policy cannot be directly categorized as per se illegal because it originates from the state’s authority to regulate strategic sectors rather than from agreements among business actors that inherently restrict competition. Therefore, its assessment is more appropriately conducted using the rule of reason approach by considering the policy objectives, market structure, proportionality of restrictions, and its impact on business competition. Furthermore, the policy does not fully qualify for the monopoly exemption under Article 51 because its legal basis is not explicitly mandated by legislation.
Keywords: single window import policy, petroleum products, Pertamina, competition law,

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