撤销商业竞争监督委员会对印尼卡特尔相关案件的决定

Herwastoeti Herwastoeti
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引用次数: 3

摘要

商业竞争监督委员会(以下简称KPPU)是印尼根据《反垄断法》设立的执法机构。该委员会是一个准司法机构,拥有与商业竞争有关的案件的执行权。当商人向地方法院提交请愿书时,关键问题就很明显了,因为从这一点上看,KPPU和地方法院之间的不同方法和处理方式就显露出来了。这一薄弱的法律程序,特别是在为请愿所作的努力方面,经常被商人视为一个机会,通过向地区法院提交请愿来反对KPPU的决定,一些与卡特尔有关的案件得到了最高法院的加强。本研究采用涉及二手数据的规范-法律方法,通过强调法律方面的分析对定性分析方法进行描述,并从中得出结论和建议。这样一来,行政协议会的决定就不会被贴上“企业竞争执法不力”的标签。此外,这种做法的目的是阻止商人对违反反垄断法的行为,特别是那些关于卡特尔的行为,这不仅伤害了商人,也伤害了一般公众。
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REVOCATION OF BUSINESS COMPETITION SUPERVISORY COMMISSION DECISIONS OVER CARTEL-RELATED CASES IN INDONESIA
Business Competition Supervisory Commission (henceforth KPPU), a law enforcement body in Indonesia, was established based on Antimonopoly Law. This commission is a quasi-judicial body holding executorial authority over business competition-related cases. The crucial issue is apparent when business people submit petitions to the District Court since, from this point, different approaches and treatments between the KPPU and the District Court are revealed. This weak legal procedure, especially regarding the efforts made for petitions, is often seen as an opportunity by business people to stand against the decisions of the KPPU by submitting petitions to District Court, and several cartel-related cases have been reinforced by Supreme Court. This research employed normative-juridical methods involving secondary data that were further analyzed by emphasizing juridical aspects for the analysis of the qualitative analysis method to present a description, from which a conclusion and recommendations were drawn. With it, decisions of the KPPU would not be labeled weak in law enforcement concerning business competition. Moreover, this approach is intended to deter business people regarding the violations of Law concerning Antimonopoly especially those regarding cartels which not only harm business people, but also the members of public in general.
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