Business Competition Law Research Articles

The Role of the Government in Preventing Monopolistic Practices in Lobster Seed Export Services

One form of business activity that is prohibited in business competition law is monopolistic practices, which is a form of market control. One of the cases of monopolistic practices is related to lobster seed export services involving the freight forwarder company PT ACK. This research aims to study the role of the government in preventing monopolistic practices as well as the responsibility of freight forwarder companies that commit such monopolistic practices. This research uses a normative juridical research method. The results of this study show that the role of the government, namely KPPU, has not been maximised in preventing the monopoly of lobster seed exports. KPPU has conducted a study with several parties related to lobster seed exports and found no regulations that designate only one company that can export. However, the fact is that in the field, only PT ACK can export. The company that committed monopolistic practices has been found guilty of violating Article 17 of Law Number 5 of 1999 in KPPU Decision Number 04/KPPU-I/2021 and bears the responsibility of terminating its business activities and seizing assets for the state.

Harmonizing Regional Competition Laws and Policies: A Way Forward for ASEAN Economic Growth

The prominent subject of discussion within the context of the ASEAN Economic Community is the harmonization of competition law in the region (AEC). In order to remove and reduce potential barriers to economic activity, ASEAN has adopted free trade through economic integration among its member nations. This study aims to examine why it is crucial to harmonize ASEAN competition law and to determine what the ASEAN business competition law harmonization model looks like. This paper used normative method with utilizing a statutory and a comparative approach which are presented descriptively. The results demonstrated that legal system conflicts can be addressed and legal disparities can be lessened by initiatives at harmonization. To do this, ASEAN must at the very least harmonize three key aspects of ASEAN Member States' competition laws: the substance of the law, law enforcement, and competition commission. In this context, collaboration amongst competition enforcement agencies can be used to implement the ASEAN model of harmonising competition legislation. Cooperation can take the form of notification, information sharing, enforcement cooperation between commissions, consultation, and conciliation.

The Existence of Digital Platforms and the Challenges in Enforcement of Indonesian Competition Law

The existence of digital platforms has created a revolutionary change in the competition law system. Its existence as a multisided platform that is conceptually different from conventional economic platforms requires special understanding. The business competition law enforcement authorities see that the multisided character causes the efficiency and consumer welfare approach to be insufficiently applied to business competition law cases involving digital platforms. So, an alternative approach is needed, namely the principle of fairness, to answer challenges in enforcing business competition law.

Analysis of Delayed Notification of Acquisition of Shares by Business Players Using the Cost Benefit Analysis and Regulatory Impact Analysis Methods

Business Competition Law in Indonesia adheres to a post-notification system which is carried out after the effective date in the process of taking over (mergers and acquisitions) of a company. Based on data on the KPPU's website, during the period from 2012 – 2022 there were 45 cases of fines for late notification in the merger and acquisition process with a total fine of Rp. 118,765,000,000. Data on company acquisition case decisions from 11 February 2020 to 11 April 2021, found delays in notifications of mergers and acquisitions with delays ranging from 2 (two) days to more than 8 (eight) years. One of the mitigating reasons in the KPPU's decision was the ignorance of business actors regarding the obligation to submit post-notification of company takeover to KPPU. In order to avoid this problem, in the future, it is expected that KPPU or the Government can amend the provisions concerning post-notification obligations to become pre-notification obligations.

Implementation of Competition Law In Cooking Oil Price Trading For Public Interest

This study discusses the implementation of competition law in the trading system of cooking oil prices for the public interest in Indonesia. Business competition law aims to encourage healthy competition between business actors in the market, including in the cooking oil sector. However, the implementation of this law still faces various challenges, especially related to suboptimal law enforcement and lack of public understanding of consumer rights in the market. Through a literature study approach, this study discusses the concept of business competition law and its role in encouraging healthy competition in cooking oil price trading. The results showed that the implementation of competition law in cooking oil price trading can provide benefits for the public, such as more affordable prices and better product quality. However, this can only be achieved if the government, business actors, and the community work together to improve understanding and enforcement of business competition law. In conclusion, the implementation of business competition law in cooking oil price trading can have a positive impact on the public interest if carried out properly and optimally. Therefore, an active role from all relevant parties is needed to ensure the successful implementation of this law.

Hukum Keperdataan dan Bisnis dalam Ruang Lingkup Pengadaan Barang dan Jasa

National development rests on the procurement of goods and services by providing maximum service to the community. The implementation of goods and services procurement activities has the objective of driving an economy based on the mission to grow decent and good jobs, as well as being able to increase foreign power in terms of vendors by increasing a growth chart in the economic sector. The implementation of the procurement of goods and services requires the role of civil law and business law aspects in supporting each of its activities, based on the existence of an agreement or contract in writing or not in writing, by fulfilling the conditions for the validity of the agreement contained in the Civil Code and Business Law. The formulation of the problem in this study focuses on aspects of civil law and business law based on their involvement in the E-Tendering process, so the purpose of this study is to determine aspects of civil law and business law based on their involvement in the E-Tendering process. This research uses normative juridical research methods. After conducting research, it was found that aspects of involvement in civil law contained agreements or contracts, while business law contained business principles and business competition law in bidding tenders for the procurement of goods and services.
 Keywords: Procurement of Goods and Services; E-Tendering; Civil Law and Business Law

Hukum Keperdataan dan Bisnis dalam Ruang Lingkup Pengadaan Barang dan Jasa

National development rests on the procurement of goods and services by providing maximum service to the community. The implementation of goods and services procurement activities has the objective of driving an economy based on the mission to grow decent and good jobs, as well as being able to increase foreign power in terms of vendors by increasing a growth chart in the economic sector. The implementation of the procurement of goods and services requires the role of civil law and business law aspects in supporting each of its activities, based on the existence of an agreement or contract in writing or not in writing, by fulfilling the conditions for the validity of the agreement contained in the Civil Code and Business Law. The formulation of the problem in this study focuses on aspects of civil law and business law based on their involvement in the E-Tendering process, so the purpose of this study is to determine aspects of civil law and business law based on their involvement in the E-Tendering process. This research uses normative juridical research methods. After conducting research, it was found that aspects of involvement in civil law contained agreements or contracts, while business law contained business principles and business competition law in bidding tenders for the procurement of goods and services.

Pancasila Revitalization for the Enforcement of Non-Discriminatory Principle of Global Business Competition to Small Entrepreneurs

Pancasila, in the 5th precept, is social justice for all Indonesians. This means that justice that is the ideal of the Indonesian nation is justice that is socially just. The revitalization of Pancasila is the key to restoring and growing social justice in business competition in the global era for small business actors. The implementation of Pancasila revitalization of small business actors in global business competition can be done by making waivers to the Ministerial Conference to follow up on the non-discriminatory principle of business competition against small business actors to get exemptions, so that the value of social justice contained in Pancasila can be realized, especially for small business actors. The existence of the non-discriminatory principle on the implementation of Pancasila revitalization of global business competition to small entrepreneurs is still recognized for its existence, considering that there is no follow-up to the disharmony of regulations in the WTO and business competition law in Indonesia, especially regarding the application of non-discriminatory principles to business competition specifically for small business actors. The method used in this study is normative juridical with a problem approach that has the purpose and purpose of reviewing applicable laws and regulations as well as literature with a theoretical concept, then connected with the problems that are the subject of discussion discussed in this research writing.
 Keywords: Pancasila, non-discriminatory principles, global business competition, small/medium enterprises

POTENSI PENGGUNAAN LENIENCY PROGRAM DALAM PERKARA KARTEL INDONESIA: STUDI PERBANDINGAN LENIENCY JEPANG

The leniency program is a pardon mechanism that allows cartel members to complain to the business competition authorities about cartel operations and receive partial or whole exemption from the penalties and/or fines that should be imposed. In Japan, the Leniency Program is in use. This article's formulation of the problem is how to create a leniency program in Japan based on the Antimonopoly Act and what are the chances of doing so to expose cartels in Indonesia's competition law system. This article offers a normative legal analysis of Indonesia's prospective use of leniency schemes in cartel proceedings. The research is descriptive-analytical in character, and data collecting through literature reviews and interviews, whereas data processing is qualitative. The findings of the research and debate indicate that it is highly likely that Indonesia will implement the leniency program by enacting the bill as the new Business Competition Law. The research's finding is that the leniency program is likely to be implemented in Indonesia by passing the bill as the country's new Business Competition Law because it is comprehensively implemented in Japan, from reporting procedures to sentencing reductions. It is suggested that Law No. 5/1999, whose provisions include a leniency program system, be amended, and that the KPPU then work with the LPSK to offer protection for reporters in the leniency program system.

The Predatory Pricing Practice: The Challenges of Business Competition Law on Ride-Hailing Tariff’s War

The predatory pricing is inherently a dynamic strategy typically taking place in a single market, whereby a firm incurs a sacrifice in the short run to exclude competitors, in order to acquire a dominant position. In order to establish fair business growth and ensure equal business opportunities, a healthy environment for the business competition is highly needed. Since 2014, the market share of the ride-hailing sector in Indonesia has been dominated by three providers, namely Grab, Gojek, and Maxim. The three companies provide subsidies and discounts on services-price so that users' rates are cheaper than conventional taxis. This certainly has led to unfair competition and is very detrimental to conventional taxi. This research is normative juridical research that uses a statutory approach and a conceptual approach to analyze the alleged predatory pricing practices in the ride-hailing industry in Indonesia from the perspective of business competition law. The results show that the imposition of unfair prices can be seen from prices gap shown in the application with prices imposition, which should be based on travel distance in order to acquire a dominant position allowing it to recoup its losses and earn supracompetitive profits in the long run. This pattern of sacrifice-then-recoupment is found in the case law as well.

TINJAUAN HUKUM PERLINDUNGAN KONSUMEN DAN PERSAINGAN USAHA DALAM PEMANFAATAN BIG DATA MARKETPLACE DI INDONESIA

The digital era has an impact on the rapid growth of the marketplace. Through the marketplace, traders can target international markets only by marketing their products digitally. The growth of the marketplace cannot be separated from the value of consumer satisfaction in increasing purchasing power, because consumer satisfaction is the key to public trust. To provide satisfaction to consumers, business actors utilize big data technology. The use of consumer big data ultimately brings positive and negative impacts for consumers themselves and also business actors. This normative juridical research with the type of library research is carried out to see a review of business law on the use of consumer marketplace big data. This research is important because digital business is growing and developing rapidly in various sectors, one of which is the trade sector through a marketplace platform that utilizes big data. As a result, the preventive efforts that have been carried out so far through the implementation of laws and regulations have not been effective in protecting the interests of consumers, so the role of the Legal Aid Institute and the Consumer Dispute Settlement Agency is needed to support consumer protection. The healthy business competition climate also still needs to be improved, of course with the role of the Business Competition Supervisory Commission, given the limitations of the Business Competition Law which does not yet apply the principle of extraterritoriality

The Intersection Between Data Privacy and Competition Law in Zero-Price Market-Based Digital Platforms

In the digitalization era, business actors' motives to achieve a dominant position are increasingly diverse, especially in the technology sector. One of them is establishing a zero-price market-based service to attract many consumers, who later uses its consumers' personal data to reap profits and build barriers to market entry for its competitors. This paper discusses how competition law intersects with data privacy in the digital era, the relevance of the dominant position provisions in Law No. 5 Year 1999 in the digital era, and the preparation for establishing the new Indonesian competition law in the digital era. The research results of this paper show that in the digital age, business competition law and personal data protection can no longer be separated because many business actors use personal data to conduct unfair business competition. Therefore, establishing new Indonesian competition law in the digital era becomes urgent.

The Change of Directors by New Shareholders After Acquisition Under the Limited Liability Company Law

The dismissal or replacement of a company's board of directors has become a frequently discussed thing in the business world. A new shareholder replaces the board of directors or the shareholder rejects the board of directors' accountability report as a reason for the replacement of the board of directors. The Board of Directors is an important part of a company. This study aims to discuss the position of directors, the process of dismissal or replacement of directors, and compensation due to directors been replaced. This study uses a normative juridical method. This study concluded that the directors are organs of the company not workers in the company. The relationship between directors and companies is based on the Limited Liability Company Law, the Capital Market Law, and the Anti-Monopoly and Business Competition Law. This relationship does not refer to the Labor Act. The position and process of replacing the board of directors based on the Limited Liability Company Law. Fired directors may receive compensation as stipulated in the agreement between the board of directors and the company. The Company can be represented by the board of commissioners as agreed in the General Meeting of Shareholders.

UNFAIR BUSINESS COMPETITION BY PT FORISA NUSAPERSADA AS A MARKET LEADER

In the business world, business competition is a natural thing. Business actors conduct business competition to dominate the relevant market or achieve a dominant position. Mastery of a dominant position is allowed as long as it is achieved in one's own capacity and in an equitable manner. To achieve a dominant position in the market, it is not uncommon for business actors to use unjustified methods so that actions from prohibited business competition emerge. The purpose of this study is to determine the regulation of the dominant position in business competition law in Indonesia and to analyze indications of abuse of the dominant position by PT Forisa Nusapersada as containedinKPPU's Decision Number: 14/KPPU-L/2015which continues until the cassation as decided inSupreme Court Decision Number: 1106 K/Pdt.Sus-KPPU/2017.Through this research, it is concluded that the dominant position regulation in business competition law in Indonesia is contained inLaw Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition.In the case of PT Forisa Nusapersada,there are different indications of abuse of the dominant position which have led to different decisions between the KPPU and the Supreme Court.

ARE THE INTERESTS OF BUSINESS ACTORS AND CONSUMERS BALANCED IN THE INDONESIAN COMPETITION LAW?

This paper aims to provide a critical analysis to the relations between economic efficiency and justice as the objectives of business competition law in Indonesia within the framework of legal philosophy. Philosophical aspects explores view on equal opportunities for every citizen in their business behavior, relation between the principles of justice and efficiency considering that in the Law 5 of 1999 there is no any word “justice” mentioned. Several related schools of legal philosophy will use to analyse the problems, such as, Utilitarianism in dissecting the phrase "public interest and welfare", John Stuart Mill's theory of lliberty in examining "equal opportunities for citizens", The article uses the legal research by emphasising the critical analysis on economic efficiency and justice principles in Indonesian competition law and compare FTC. Article 3 of Law Number 5 of 1999 aims to improve economic efficiency as one of the efforts to improve people's welfare. From a philosophical point of view, people's welfare law is closely related to the "greatest benefit for the greatest people" (Jeremy Bentham). However, if we look at the interests between business actors and consumers, thiscondition can still be seen that the interest in efficiency still prioritizes the interests of business actors. Fulfilment of consumer justice is only placed as an "object" rather than a subject whose rights must be protected due to violations of business competition.

The role of business competition law in online business: A comparative study of United Kingdom and Indonesia

The role of business competition law in online business: A comparative study of United Kingdom and Indonesia

Can An Anti-Dumping Policy Be Substituted For Predatory Pricing?

One of the most contentious issues in international commerce is anti-dumping (AD). And among the controversies of this AD rule, there is also what is considered in “conflict” with business competition law, both in terms of the purpose of the regulations and from the rules themselves. One of them is related to predatory pricing. Therefore, this study aims to conduct further analysis regarding the possibility of predatory pricing rules in substituting anti-dumping regulations in Indonesia. Based on these aims, this study employs a normative method with a statutory and conceptual approach. This study then reveals that dumping can be classified as a predatory pricing practice in terms of indications and impacts. However, the legal consequences and consequences of the two are different. So it would be impossible if anti-dumping arrangements were substituted with predatory pricing. Nevertheless, this research still supports that anti-dumping regulations are included in the regulation or law prohibiting unfair business competition and monopolistic practices because the practice of dumping itself is an unfair business competition practice.

The role of Indonesia Competition Commission (ICC) in enforcing concerted action

Business competition is one of the important sectors in building the national economy. By realizing fair business competition, national economic development will be created. Law of the Republic of Indonesia Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition was formed to sustain conducive business competition. To oversee the enforcement and implementation of this regulation, the Indonesia Competition Commission (ICC) was formed. Along with the changes, the more demands or pressures that arise. This of course also has an impact on the implementation of business competition. Trying to survive, develop and earn profits is a sure thing that every business actor will do. Demands and the desire to continue to develop make business actors do everything they can to keep making a profit, so that in the end the business actors do not heed the applicable rules. This method of survival and profit is not only carried out individually by each business actor, but also carried out based on a mutual agreement and with the same goal. A joint agreement made between these business actors is called a concerted action. Cases of business competition violations are currently starting to be indicated by the presence of concerted action elements in them. Seeing this situation, the authors feel the need to conduct research to find out the role of the Indonesia Competition Commission (ICC) in resolving business competition cases that occur and what forms of business competition law enforcement in Indonesia are in cases that contain concerted action elements. The research method used is normative legal research based on literature studies which refers to the use of secondary data which includes primary, secondary, and tertiary legal materials.

Penyalahgunaan Posisi Dominan Market Leader Dalam Konteks Hukum Persaingan Usaha Di Indonesia

This research is motivated by the government's efforts to enforce business competition law by issuing Law Number 5 of 1999 concerning in Prohibition of Monopolistic Practices and Unfair Business Competition. he existence of Law Number 5 of 1999 on the existing facts still raises several legal problems one of them is the extraterritorial framework. This research uses a normative -juridical approach where this research puts law as a norm building system. The norm system used in this research is based on the law regulation by Law Number 5 of 1999 and the Business Competition Supervisory Commission (KPPU) case. The conclusion of this research indicates the description of the implementation of business competition law by the Business Competition Supervisory Commission (KPPU) based on the law regulation by Law Number 5 of 1999.

Use Of Indirect Evidence In Disclosure Of Cartel Violations According To Business Competition Law In Indonesia

In cartel evidence, there are two approaches, namely direct evidence and indirect evidence . The Law on Monopolistic Practices and Unfair Business Competition in Indonesia does not yet regulate the use of indirect evidence as evidence to prove the occurrence of a cartel . The ambiguity of this regulation causes legal uncertainty in the use of indirect evidence in the decision of the Business Competition Supervisory Commission (KPPU). This study discusses the use of indirect evidence in disclosing cartel violations according to the Business Competition Law in Indonesia by harmonizing the ideal concept and studying the relevant laws and regulations. The method of normative juridical approach. The research specification is descriptive analysis. Data was collected by using Library Research and analyzed using qualitative juridical . The results of the study indicate that there is an ambiguity in the arrangement of indirect evidence in the case of business competition in Indonesia, namely cartels. Although further regulation has been regulated in KPPU Regulation Number 1 of 2019 concerning Procedures for Handling Cases of Monopolistic Practices and Unfair Business Competition, this has not yet been regulated at the level of law.