Implementation of Business Competition Compliance Program to Prevent Unfair Business Competition Practices Against Business Enterprises

Rahayu Hartini, Muhammad Arief, Adi Permana
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Abstract

This research is motivated by the government's seriousness in realizing improvements in the community's economy, namely by creating a business competition compliance program to overcome or prevent unfair business competition practices among business people. The effectiveness and efficiency of the implementation of the program, it is still not fully realized, because there are still many companies that have not participated in the business competition compliance program. The legal issues in this research are: 1). Reviewing the supervisory role of KPPU on the effectiveness of the business competition compliance program in efforts to prevent unfair business competition. 2. Analyze the strategies for dealing with unfair business competition and implementing business competition compliance programs in society. This research is normative juridical. By using a statutory and conceptual approach. In this study, two sources of primary and secondary legal materials were used.. This institution has a very broad authority, namely being a supervisory institution, it also has authority in the judicial and legislative fields. One of the legislative powers issued is KPPU Regulation Number 1 of 2022 concerning the Business Competition Compliance Program. This program is expected to be a form of effort to prevent unfair business competition. In practice this program is still not effective. Therefore, it is necessary to revise Law Number 5 of 1999 so that it will provide a clear position for KPPU in carrying out its duties and be able to implement business competition compliance programs to the fullest. Second, regarding the strategy developed to create fair business competition, it can provide understanding for business actors to comply with and also build awareness independently to help implement the program and to be able to identify, assess and manage risks that will occur with the provision of mentoring.
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实施商业竞争合规计划,防止针对商业企业的不公平商业竞争行为
这项研究的动机是政府为实现社会经济的改善而采取的严肃态度,即通过制定商业竞争合规计划来克服或防止商业人士之间的不公平商业竞争行为。该计划实施的效果和效率,目前仍未完全实现,因为仍有许多公司没有参与商业竞争合规计划。本研究的法律问题有1).审查 KPPU 对商业竞争合规计划在努力防止不公平商业竞争方面的有效性所起的监督作用。2.分析社会应对不正当商业竞争和实施商业竞争合规计划的策略。本研究属于规范法学研究。通过使用法定方法和概念方法。在本研究中,使用了第一手和第二手法律资料两种来源。该机构拥有非常广泛的权力,即作为一个监督机构,它还拥有司法和立法领域的权力。颁布的立法权之一是 KPPU 2022 年关于商业竞争合规计划的第 1 号条例。该计划有望成为防止不公平商业竞争的一种努力形式。在实践中,该计划仍未取得成效。因此,有必要对 1999 年第 5 号法律进行修订,以便为 KPPU 履行职责提供明确定位,使其能够充分执行商业竞争合规计划。其次,关于为创造公平商业竞争而制定的战略,它可以让企业行为者了解如何遵守,也可以让企业行为者树立独立意识,帮助实施该计划,并能够识别、评估和管理因提供指导而出现的风险。
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