The Independence of the Business Competition Court from the Perspective of Law Enforcement System in Indonesia

摘要

Fair competition law enforcement on business competition issues in Indonesia is very important to ensure the situation of conducive business competition and the enforcement in Law Number 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition, therefore the Commission for the Supervision of Business Competition of the Republic of Indonesia (KPPU) is actively involved in issuing related regulations with law enforcement procedures on business competition cases in Indonesia, which is through KPPU Regulation Number 1 of 2010 on Procedures for Case Handling. The judicial system of the business competition court in Indonesia can not be separated from the role of the KPPU as an institution that has the function of regulating and supervising competition behaviour, whether using prohibited activity patterns or agreements. In the context of law enforcement on business competition cases, KPPU has the authority from performing investigations to examining and deciding the competition cases in judicial institutions held by KPPU. Observing the main function of KPPU as a supervisory institution and situation regulator of the business competition in Indonesia, the authority of KPPU that perform investigations to judge business competition cases certainly is not an issue that needs to be debated. However, from the perspective of the justice system in Indonesia, KPPU’s authority in conducting investigations, examining, and deciding cases is a matter that needs to be studied more deeply, specifically regarding the guarantee of justice sense for business actors who are positioned as Reported Party.