Report Submission

1. A Report shall be made in writing and signed by the Reported Party and made in Indonesian Language by including a clear and complete statement that a violation of the Law has or is being alleged to have occurred, along with personal identity of the Reported Party;
2. A Report as referred to in paragraph (1) shall be submitted to the Chairman of the Commission;
3. In the event that the Commission has a representative office in a region, the Report as referred to in paragraph (1) shall be submitted to the Chairman of the Commission through the Regional Representative Office of the Commission.

What is prohibited practice in competition law?

Monopoly practice and unfair business competition, which explained in Article 17 to Article 24 (collusion, monopoly practice, monopsony practice, and market domination)

Who is the party that could report to KPPU?

Society or every business party could report to KPPU on the allegation of unfair business competition or monopoly practice.

What is the reporting procedure?

The report sending to Chairman of KPPU, with the subject: Report, and you can send it to this address:

The Chairman of KPPU
Ir. H. Juanda Streets Number 36, Centre Jakarta 10120, DKI Jakarta
Facsimile: (021) 3507008
Telephone: (021) 3507015, 3507016, 3507043

The materials are:
• Reporting Party Identity
Reporting party has to include their complete identity, such as:
- Full name
- Full Address
- Telephone Number/Facsimile

• Reported Party Identity
The reporting party has to include the complete identity of reported party and the allegation on  Law Number 5 Year 1999, such as:
- Full Name
- Full Address
- Telephone Number/Facsimile
(The Reported Party could be more than one)

• The Explanation of Conduct Chronology

Reporting party has to explain the conduct that alleged to infringe Law Number 5 Year 1999. The explanation written in a good and simple Bahasa, and it has to be focus on the explanation of allegation.

• The Article that has been infringed

The reporting party has to include the Article that infringed by the Reported  Party. You have to explain the infringe indication for each article. The Law  Number 5 Year 1999 available in www.kppu.go.id

• Supporting Document
The reporting party has to attach the document that could be an evidence of  the allegation on infringement of Law Number 5 Year 1999.

• Witnesses
The reporting party has to attach the complete identity of witnesses.

What about the Case Handling Procedure in KPPU?

• Based on the report from the Reporting Party, KPPU shall be obligated to conduct monitoring which running in 90 days and could be extend for 60 days.
• The report will be dismiss if it is incomplete, but if it is complete, the Filing Procedure will done to checking up whether the report required Hearing or not, filing procedure  will done in 30 days and when the supporting document is incomplete, the Filing Procedure will dismiss.
• Hearing process will run in 14 days to analyze whether it needs Preliminary Investigation or not. The hearing will dismiss if the supporting document is incomplete or the report is impolitic.
• Preliminary Investigation will run if the document is complete and it will take 30 days.
• A report unproven when the reported party has found not guilty or there is not enough evidence, if that happen, the investigation will be cancel and all of the investigation result will be file.
• A report proven when the reported party has found guilty, and the investigation will continue.
• If the reported party that found guilty at the Preliminary Investigation accepting the recommendation from KPPU, we will monitoring the behavior changes of that reported party and the investigation would be cancel.
• The behavior changes monitoring will run in 60 days and could extend depends on Commission decision. If the reported parties’ behavior does change, the investigation will cancel. However, if the reported parties’ behavior does not change, the follow-up investigation will be start. The reported party could have objection and defense on this decision.
• In the follow-up investigation, the reported party could defense their selves by propose other witnesses, expertise, and evidences. This process will run in 60 days and could extend for 30 days.
• After the follow-up investigation has done, the Commission Assembly will run 30 days after the investigation done. The reported party should execute the decision 30 days after them receiving Decision Announcement and report the execution to KPPU.
• Objection could be propose to the District Court 14 days after the Decision Announcement, if there is no objection, Decision Execution Monitoring will be run.
• The District Court should analyze the reported party objection on the decision for 30 days.
• If the reported party accepting the District Court decision, they have to execute it. However, if the reported party objected with the decision, they could appeal to Supreme Court 14 days after the District Court decision was announce.
• The Supreme Court should give their decision 30 days after the appealing accepted and the Supreme Court decision is final.

How much does it take to having case in KPPU?

KPPU does not take any cost at all.

How long does it take to having case in KPPU?

Preliminary Investigation: 30 days
Follow-Up Investigation: 60 days, with 30 days maximum extended
Decision Announcement: maximum 30 days after follow-up investigation
Decision Execution and the report : 30 days
Objection to District Court : maximum 14 days after Decision Announcement
District Court Investigation : maximum 14 days after them receiving the objection
District Court Decision : maximum 30 days after the investigation started
Appealing to Supreme Court : in 14 days after District Court Decision
Supreme Court Decision : in 30 days after the appealing accepted
Supreme Court Decision is Final.

Is the reporting party identity confidential?

Yes, it is confidential.

How to identified the Article that infringed in the report?

Article 4 – 16 about Prohibited Agreements:
• Oligopoly Practice
• Price Fixing
• Resale Price Maintenance
• Division of Territory
• Boycott
• Cartel
• Trust
• Oligopsony Practice
• Vertical Integration
• Closed Agreements
• Agreements with Foreign Parties

Article 17 – 24 about Prohibited Activities:
• Monopoly Practice
• Monopsony Practice
• Discrimination Practice
• Predatory Pricing
• Conspiracy

Article 25 – 29 about Dominant Position:
• Dominant Position Practice
• Multiple Positions Practice
• Share Ownership
• Mergers, Consolidations and Acquisitions