The Features and Future Challenges of Indonesian Antimonopoly Policy: Lesson Learned from Japanese Experience

Abstract

Abstract This study analyzes the features, and challenges of Indonesian antimonopoly policy, and tries to articulate lesson from the Japanese Antimonopoly Act experience. The basic method to do this research is by studying and analyzing the legal history of Antimonopoly law and policy in Indonesia and Japan, the amendments of the antimonopoly law, and its enforcement. The result indicates that Indonesian competition law has many provisions that could lead to various interpretations and approaches. Other major obstacles encountered in the development of antimonopoly policy in Indonesia are the ambiguities, the question of the procedural law including the standard of review towards the business competition supervisory board decisions that are brought to the court through appeal process. There would be certainly an open alternative to amend the law in the future; however, amendment is not the ultimate way for the improvement. Developing a good understanding of the concept of competition, economic efficiency and consumer welfare would have to go along with the improvement of the procedural law and the ability of the law enforcers.