Competition Law.
Overview
Development in the field of economy must be directed towards the achievement of social welfare based on Pancasila and the 1945 Constitution. Democracy in the field of the economy calls for equal opportunity for every citizen to participate in the process of production and marketing of goods and or services, in a fair, effective and efficient business environment, so as to be able to promote the growth of economy and the functioning of a reasonable market economy.
Anyone engaging in business in Indonesia must exist in an atmosphere of fair and natural competition, hence there shall be no concentration of economic power in the hands of certain business actors, notwithstanding the commitments or conventions execute by the State of the Republic of Indonesia with regard to International Conventions. In order to achieve the intentions mentioned above, upon the initiative suggestion of the House of Representative, a Law regarding the Prohibition of Monopolistic Practices and Unfair Business Competition needs to be set forth.
Law number 5 year 1999 about Anti Monopoly Practice and Unfair Business Competition:
The complete explanation on Indonesian competition law can be found from the following Official Textbook on Competition Law prepared by the KPPU.
The Government of Indonesia and The House of Representatives of The Republic Of Indonesia (DPR RI) passed Omnibus Law on Job Creation Bill into law, on Monday, 5 October 2020. Omnibus Law on Job Creation includes several revisions to the competition law, the appeal process of the KPPU decision will be carried out by the Commercial Court and no longer by the District Court. Omnibus Law also regulates the minimum amount of administrative penalties for competition cases (IDR 1 billion), and does not set a maximum amount. Further arrangements on administrative penalties and appeal process are stipulated in the Government Regulation of Republic Indonesia Number 44 Year 2021 on the Prohibition of Monopolistic Practices and Unfair Business Competition.
The unofficial translation of this Government Regulation could be accessed through the following document.
Current Regulation of the Supreme Court of the Republic of Indonesia Regarding Procedures for Lodging and Examining Objections to Decisions of the Indonesia Competition Commission at Commercial Courts:
* Regulation of The Supreme Court of The Republic of Indonesia Number 3 Year 2021
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