PUTUSAN KPPU SEBAGAI DASAR DALAM GUGATAN KELOMPOK (CLASS ACTION) ATAS PENGEMBALIAN KERUGIAN KONSUMEN AKIBAT PELANGGARAN PERSAINGAN USAHA TIDAK SEHAT

Abstract

Abstract This study aims analyze the KPPU's decision as the basis for class action in court in demanding compensation for violations of unfair business competition, and the juridical obstacles in examining group claims based on the KPPU's decision. This is normative legal research using statutory and case approach. The results shows that the KPPU's decision can be used as the basis for a class action lawsuit in court in the context of demanding compensation for consumer losses caused by violations of business competition as long as the KPPU's deliberations and decisions include preliminary evidence of public (consumer) loss and meet the general requirements for a class action lawsuit. The juridical obstacles really depend on the level of understanding of the judges and also the documents and / or case files from the KPPU as evidence of consideration of consumer losses.