LEGAL CERTAINTY OF THE CASE DECISION BY INDONESIAN COMPETITION LAW AUTHORITY

Authors

  • Dhea Kusumawardhani
  • Ria Setyawati

Abstract

The Business Competition Supervisory Commission uses the decision head sentences (prefix)
in its decision related to violation of article Law No. 03 K/KPPU/2002. The decision head
sentence has been used in a decision since the pre-independence era, but the use is limitative
because it can only be used by the judicial institution. The appearance of the decision head
sentences on the decision made by the Business Competition Supervisory Commission is stated
as an action that exceeds its authority in the Law No. 5 of 1999 concerning the prohibition of
monopolistic practice and unfair business competition. This study aims to determine the
juridical consequences towards the existence of the decision head sentences in the decision
which is issued by the Business Competition Supervisory Commission. In addition, this study
also aims to determine the legal certainty and the power of execution on using decision head
sentences in the decision of the Business Competition Supervisory Commission. The Business
Competition Supervisory Commission which has the role as a state auxiliary organ does not
have the authority to use the decision head sentences in its decision because of the Law No. 5
of 1999. In that article, the Business Competition Supervisory Commission only has the basis
for existence, duty and authority. The Business Competition Supervisory Commission does not
have sources of authority such as attribution, mandate, or delegation, thus the use of the
decision head sentences in the KPPU’s Decision exceeds the authority which was given.
Therefore, the decision of the Business Competition Supervisory Commission is declared null
and void by law.

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Published

2020-08-01

How to Cite

Dhea Kusumawardhani, & Ria Setyawati. (2020). LEGAL CERTAINTY OF THE CASE DECISION BY INDONESIAN COMPETITION LAW AUTHORITY . PalArch’s Journal of Archaeology of Egypt / Egyptology, 17(3), 2071-2079. Retrieved from http://mail.palarch.nl/index.php/jae/article/view/977

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