Kewenangan Komisi Pengawas Persaingan Usaha dan Pemanfaatan Indirect Evidence dalam Penanganan Praktik Kartel di Indonesia

Abstract

The Law on the Prohibition of Monopolistic Practices and Unfair Business Competition has regulated various types of agreements and business activities. This regulation is made to maintain healthy business competition, because of its significant impact toward society. One of the activities which is prohibited and difficult to prove is cartel practices. Cartels are generally carried out in secret, hence the use of indirect evidence. The Business Competition Supervisory Commission (KPPU) as the sole authority for business competition is the institution responsible for handling cartel practices and utilizing indirect evidence. However, to this day KPPU’s authority seems to be limited, resulting in a less optimal handling of cartel practices. KPPU has had various permits ranging from investigations to imposing sanctions, but the handling of cartel practices is often hampered by the lack of authority to search and confiscate. In addition, the unclear legality of indirect evidence in Indonesia also restricts the resolution of cartel cases, and causes inconsistency in court decisions. This article presents the results of the analysis related to KPPU’s authority and the use of indirect evidence in handling cartel practices. With in-depth discussions and a relevant case example, it can be seen whether KPPU’s current authority is sufficient to handle cartel practices while maintaining healthy business competition.