Law Enforcement by the Commission for the Supervisory of Business Competition in Evidence of Article 17: Law of the Republic of Indonesia Number 5 Year 1999 Concerning Prohibition Monopolistic Practices and Unfair Business Competition

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Competition for the Supervisory of Business Commission (KPPU) is the authorized agency overseeing the enforcement of competition law in Indonesia. As one of the state commissions KPPU has the authority to receive reports, conduct examinations, and a decision as the judiciary. In addition the Commission also authorized to issue regulations related to competition law enforcement. Carrefour is one industry that never litigates in the Commission, as the largest retail industry in Indonesia Carrefour already been decided by the Commission twice, namely in 2005 and 2009 in a different case. In 2009, Carrefour has been decided by a judge panel of the commission violated Article 17 and Article 25 of Law Number 5 year 1999. Both of these articles had the same clause one business actor or a group of business actors controls over 50% market share of a particular type of goods or services. In this regard, the writer interested in studying in implementing its authority that the Commission had already implemented according to existing procedures, as well as elements that are used by the Commission in the process of evidence, particularly related to mastering the elements of market share, so it does not cause multiple interpretations of others, and by what the legal basis for the Commission in proving the elements, and constraints faced the Commission in proving the article. The method used is the method of juridical sociology, while the data used are primary data and secondary data, as well as data collection tool used is the study of documents, interviews with the head of the Commission's advocacy agency. Based on research that has been done then it is known that in conducting examinations of Carrefour (reported) case Number. 09/KPPU-L/2009 under the rules of the Commission No. 1 year 2006 concerning procedures for handling cases at the Commission and Commission Regulation No. 2 of 2008 on the authority of the Secretariat of the Commission in Case Handling, and both this rule has been replaced by commission regulation Number. 1 year 2010 concerning procedures for handling cases at the Commission, but in case Number. 09/KPPU-L/2009 still use the rules of Number. 1 year 2006. Related element that is used by the Commission there are four elements, one of which is the element of control market share of 50%, in proving mastery of the market share of 50% or more commission through the inspection team conducting research related to market share than reported, one of them by doing a survey of market concerned, a survey conducted by a number of agencies appointed inspection team, so with these data inspection team will assess whether there is control or not, while the problems were found is still not a associated Implementation guidelines clauses employed under more than 50% market share, so often there is a difference in seeing a case, one side view of the upstream aspect, while others see the downstream aspect, the absence of a clear legal basis in determining this. Another obstacle is the difficulty of the inspection team found in obtaining evidence and it would slow down the performance of the inspection team that finished in proving the case.