KnE Social Sciences

ISSN: 2518-668X

The latest conference proceedings on humanities, arts and social sciences.

The Urgency of Establishing a Business Competition Court in Indonesia

Published date: Mar 03 2023

Journal Title: KnE Social Sciences

Issue title: 2nd Paris Van Java International Seminar on Health, Economics, Social Science and Humanities (PVJ-ISHESSH 2021)

Pages: 651–656

DOI: 10.18502/kss.v8i4.12956

Authors:

Rihantoro Bayuaji - bayuaji@uwp.ac.id

Abstract:

Fair law enforcement in handling the business competition complications in Indonesia is essential to promote a conducive business competition climate and to ensure the enforcement of Law Number 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. The legal system in the business competition court in Indonesia cannot be separated from the role of KPPU as an institution with the function of regulating and monitoring competition behavior. KPPU, in the context of law enforcement on business competition complications, has the authority to conduct an investigation and adjudicate on the competition disputes in a judicial institution organized by KPPU. Analyzing the authority of KPPU starting from the process of an investigation until the adjudication to business competition cases is a matter that needs to be studied in the corridor of its independence. KPPU’s authority in conducting the investigation and the adjudication needs to be studied more specifically, especially in its function to ensure a sense of justice and impartiality for business actors as the accused parties in a dispute. This study aims to assess the urgency of establishing a business competition court in Indonesia. For this reason, the research methods used were the statutory approach and the conceptual approach. This research has a potential significance to be used as the material in making the amendment for the competition law in Indonesia to urge the Government and Judiciary to form an independent business competition court.

Keywords: Business competition; competition law; KPPU

References:

[1] Law Number 5 of 1999 of the prohibition of monopolistic practices and unfair business competition.

[2] KPPU regulation number 1 of 2019 on the procedures for handling cases of monopolistic practices and unfair business competition.

[3] Law number 5 of 1986 on the state administrative court jo. law number 9 of 2004 on the amendments to law number 5 of 1986 on the state administrative courts.

[4] Ali A. Revealing legal theory (Legal theory) and the theory of justice ( judicialprudence). 5th ed. Jakarta: Kencana Prenada Media Group; 2013.

[5] Aris MS. Supreme court. Airlangga University.

[6] Sirait N, Ningrum. Review of investigation on monopolistic practices and unfair business competition.

[7] Nugroho A. Susanti, business competition law in Indonesia. 1st ed. Jakarta: Sinar Grafika; 2013.

[8] Nugroho A. Susanti, business competition law in Indonesia. 2nd ed. Jakarta: Kencana Prenada Media Group; 2014.

[9] Kagramanto B. Review of the implementation of business competition law enforcement in Indonesia, the National Seminar on “Business competition law in Indonesia and its development. Jogjakarta: Implementation of Competition Law (ICL); 2008.

[10] Usman R. Business competition law in Indonesia. 1st ed. Jakarta: Sinar Grafika.

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