Prohibition of Monopolistic Practices in Business Trials in Indonesia: Reforming on Business Competition Supervisory Commission

Abstract

Indonesia recognizes the importance of fair competition for economic growth and consumer welfare. To ensure a level playing field, the country has established legislation and regulations that prohibit monopolistic practices and promote healthy competition. Key laws include the Indonesian Anti-Monopoly Law and the Law on Business Competition Supervision and Control. Business trials play a crucial role in enforcing these laws. Courts serve as arbiters in cases involving alleged monopolistic practices, employing thorough examinations of evidence, expert testimonies, and legal arguments presented by the parties involved. The burden of proof rests on the plaintiff, who must demonstrate the existence of anti-competitive behavior and its adverse effects on the market. The Prohibition of Monopolistic Practices in Business Trials in Indonesia encompasses various types of anti-competitive conduct, such as price fixing, market division, and abuse of dominant market position. Violations of these laws can result in significant penalties, including substantial fines, dissolution of companies, and criminal charges for individuals involved. To strengthen the effectiveness of business trials, Indonesia has established regulatory bodies such as the Business Competition Supervisory Commission (KPPU). The KPPU plays a crucial role in investigating alleged violations, providing recommendations to the courts, and monitoring compliance with rulings. Despite the robust legal framework, challenges remain in enforcement. Collaboration between government agencies, the judiciary, and the business community is essential. Additionally, monitoring and updating the legal framework to address evolving market dynamics and emerging forms of anti-competitive practices are necessary.