Research Article
Legal Certainty for The Authority of The Commission For The Supervision Of Business Competition (KPPU) In The Settlement Of Business Competition Disputes
@INPROCEEDINGS{10.4108/eai.14-4-2021.2312306, author={Junaidi Junaidi}, title={Legal Certainty for The Authority of The Commission For The Supervision Of Business Competition (KPPU) In The Settlement Of Business Competition Disputes}, proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLHR}, year={2021}, month={10}, keywords={unfair business competition; legal certainty; business competition supervisory commission’s authority}, doi={10.4108/eai.14-4-2021.2312306} }- Junaidi Junaidi
Year: 2021
Legal Certainty for The Authority of The Commission For The Supervision Of Business Competition (KPPU) In The Settlement Of Business Competition Disputes
ICLHR
EAI
DOI: 10.4108/eai.14-4-2021.2312306
Abstract
Business conspiracy is one of unfair business competition practices. To prevent this practice, Business Competition Supervisory Commission was established to control business competition practices in Indonesia. The roles of this independent commission are regulated in Article 35 and Article 36 of Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. This law also regulates the practices of unfair business competition including business conspiracy as regulated in Article 22 to Article 24. The Business Competition Supervisory Commission does not serve as a "Law Enforcement Institution”; therefore, the commission is not allowed to conduct compulsory actions to summon any parties or carry out executions. As stated in the Article 48 and Article 49 of Law Number 5 of 1999, this commission can give criminal sanctions for violators. In facts, many decisions made by this commission were cancelled due to objections stipulated in Article 44 of Law Number 5 of 1999 filed by the violating parties, resulting in legal uncertainty. To address this problem, a revision should be made to Law Number 5 of 1999 in order to provide legal firmness and certainty in business competition law, including the procedural law that applies.
