The Effectiveness of Law Enforcement against Violations of the Law on Prohibition of Monopolistic Practices and Unfair Business Competition

DOI

10.2991/icils-18.2018.29How to use a DOI?

Keywords

Law enforcement; monopoly; competition

Abstract

In order to create an economic condition with good business governance, on March 5, 1999 promulgated Law number 5 of 1999 concerning The Prohibition of Monopolistic Practices and Unfair Business Competition, which is legalized effectively on March 5, 2000. It has also been followed by the establishment of an institution which is authorized to conduct an investigation and to decide cases by imposing sanctions on business actors who violate the Law, which is called the Business Competition Supervisory Commission (BCSC) or in Indonesia is called as Komisi Pengawas Persaingan Usaha (KPPU). However, the implementation is still not effective until now because there are still some monopolistic practices and unfair business competitions conducted by business actors, but some BCSC's decisions are cancelled by the Court. Besides, the Law itself provides a space for the occurrence of monopolistic practices, and the law enforcement agencies cannot get the business actors who do the monopolistic practices and unfair business competition. Based on those several problems, the research was conducted a research on Law Enforcement against Violations of the law by the BCSC. The first problem from this research is why some BCSC's decisions were cancelled by the Court? The second problem is how to enforce the law against violations of the monopoly law effectively? The research is using normative approach method, by reviewing the applicable laws and regulations, and also some documents of Decision on the violation case of the law.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Raden Murjiyanto
PY  - 2018/07
DA  - 2018/07
TI  - The Effectiveness of Law Enforcement against Violations of the Law on Prohibition of Monopolistic Practices and Unfair Business Competition
BT  - Proceedings of the 1st International Conference on Indonesian Legal Studies (ICILS 2018)
PB  - Atlantis Press
SP  - 151
EP  - 156
SN  - 2352-5398
UR  - https://doi.org/10.2991/icils-18.2018.29
DO  - 10.2991/icils-18.2018.29
ID  - Murjiyanto2018/07
ER  -