Revocation of Business Competition Supervisory Commission Decisions Over Cartel-Related Cases in Indonesia

Herwastoeti,

doi:10.22219/aclj.v2i3.18167

Cited by 2 publications

(2 citation statements)

References 4 publications

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“…Cartel agreements are commonly observed in the context of monopolistic actions. A cartel refers to an agreement entered into by two or more commercial entities with the aim of eliminating competition between them [53].…”

Section: The Effectiveness Of Handling Cartel Cases By the Business C...mentioning

confidence: 99%

Effectiveness of Handling Cartel Cases by the Business Competition Supervisory Commission (KPPU)

Murjiyanto,

Wibawanti,

Syahrin

2023

E3S Web Conf.

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One of the prohibitions in Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Competition is “cartel.” The impact caused by the cartel can not only lead to unfair competition between business actors. However, it can also cause consumer losses due to price increases resulting from the cartel of a product or service. This study aims to analyze the problem regarding the effectiveness of handling cartel cases by the Business Competition Supervisory Commission (KPPU) and what factors impede the handling of cartel cases by the Business Competition Supervisory Commission. This research was conducted using the Juridical method by reviewing applicable laws and regulations, and documents such as case decisions. From the results of studies and interpretations, the handling of the Cartel by the Business Competition Supervisory Commission is still not effective because several cases of business actors were finally decided not to have committed violations. The court annulled several decisions of the Business Competition Supervisory Commission. In contrast, the factors hindering the handling of cartel cases are the lack of public awareness to report the activities of several business actors that lead to cartel indications, the difficulty of obtaining evidence, and several KPPU decisions being annulled by the court at the objection level. This research is intended to produce recommendations to improve the process of handling cases of violations of monopoly practices and unfair business competition, especially cartels.

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Section: The Effectiveness Of Handling Cartel Cases By the Business C...mentioning

confidence: 99%

Effectiveness of Handling Cartel Cases by the Business Competition Supervisory Commission (KPPU)

Murjiyanto,

Wibawanti,

Syahrin

2023

E3S Web Conf.

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“…So, in this case, illegal fintech does not meet the subjective requirements of agreements where the subject of law that is not recognized does not have the ability to enter an engagement. Similarly, with the objective terms of the agreement, illegal fintech that takes customer data and then misuses the data is due to violate the terms of a halal cause and therefore an agreement that does not meet objective requirements, the agreement is null and void (Herwastoeti, 2021).…”

Section: Illegal Fintech Customer Data Retrieval and Misuse In View O...mentioning

confidence: 99%

Criminal & Civil Liability Related to Misuse of Illegal Fintech Customer Data During The Covid-19 Pandemic

Wijaya

Herwastoeti

2022

Audit. Comp. Law J

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The covid-19 outbreak that swept across the world has caused a crisis in the economic sector, where physical distancing policies affect the world of trade and tourism. The bankruptcy of companies, hotels, and small and medium-sized micro-enterprises resulted in massive job cuts. Therefore, many people lose their livelihoods and borrow money to meet their daily needs. Financial technology is an advancement of the times in the industrial era 4.0, as a form of convenience in financial services of tempted communities and applying for loans to financial technology. However, instead of getting a financial solution, what happens is the opposite. Where the public is even entangled in the existence of illegal financial technology and there is a misuse of their personal data. It is true that there is an agreement that allows the debtor to access the personal data of the creditor, but whether with it immediately the debtor can misuse the customer's personal data. Therefore, in this study, the author is interested in reviewing how criminal and civil liability related to the emergence of illegal financial technology agreements during the Covid-19 pandemic. The research methods used are normative juridical with statute approach and comparative approach, as well as qualitatively described legal material analysis. The result obtained is, illegal fintech e-agreements do not meet the subjective and objective requirements of the agreement and are related to the misuse of customer data, which can be held criminally accountable are fintech law bodies and debt collectors.

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Revocation of Business Competition Supervisory Commission Decisions Over Cartel-Related Cases in Indonesia

Cited by 2 publications

References 4 publications

Effectiveness of Handling Cartel Cases by the Business Competition Supervisory Commission (KPPU)

Effectiveness of Handling Cartel Cases by the Business Competition Supervisory Commission (KPPU)

Criminal & Civil Liability Related to Misuse of Illegal Fintech Customer Data During The Covid-19 Pandemic

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