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KEPEMILIKAN SILANG SAHAM PT. INDOSAT DAN PT. TELKOMSEL OLEH TEMASEK HOLDING COMPANY Lucianus Budi Kagramanto
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 20, No 1 (2008)
Publisher : Fakultas Hukum Universitas Gadjah Mada

On Nopember 19, 2007, Commission For The Supervision Of Business Competition (KPPU) has been expelled a verdict No. 07/KPPU-L/2007 about infringement of Act No. 5, 1999 performed by Temasek Holdings. The form of infringement performed by Temasek Holdings is a stock cross ownership on PT. Indosat Tbk and PT. Telkomsel through its two subsidiaries company, namely STT and SingTel. Temasek Holdings is also accused on price fixing, double occupation, and also performing the monopoly in telecommunication, especially on cellular telephone. For the infringement, Temasek Holdings was sanctioned a fine and for the verdict, Temasek Holdings may propose a rejection to District Court of Jakarta. Other parties wish that the Court has objectivity and based on the business competition law in Indonesia. For the KPPU and Temasek Holdings still have a chance to propose an appeal to Supreme Court, if one are won by the District Court of Jakarta.

Enforcement of Law on Environmental Violations by Mining Companies in Indonesia Sedarto, Teguh; Kagramanto, Lucianus Budi; Anggriawan, Teddy Prima; Albany, Rasha Firmana
Nusantara Science and Technology Proceedings 8th International Seminar of Research Month 2023
Publisher : Future Science

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.11594/nstp.2024.4177

This journal scrutinizes the legal enforcement concerning environmental violations committed by mining companies in Indonesia. The study explores the practical implementation and effectiveness of legal measures in shielding the environment from the adverse impacts associated with mining activities. Through an analysis of regulatory frameworks and case studies, the research evaluates the challenges and successes in enforcing environmental laws within the mining sector. Findings indicate the complexity of regulations and challenges faced in on-the-ground enforcement. Nevertheless, notable successes are also recorded in mitigating negative environmental impacts. The research contributes to our understanding of law enforcement efforts and policy expansion to address environmental challenges. It highlights the importance of robust legal mechanisms in reducing the environmental footprint of mining operations in Indonesia. The study has the potential to guide policy improvements and more sustainable practices in engaging mining companies while maintaining a balance between economic growth and environmental sustainability. The intricacies uncovered in this research offer insights into the dynamics of environmental law enforcement and suggest avenues for refining regulatory frameworks to better address the evolving landscape of environmental concerns in the context of mining activities in Indonesia.

Enforcement of Law on Environmental Violations by Mining Companies in Indonesia Teguh Sedarto; Lucianus Budi Kagramanto; Teddy Prima Anggriawan; Rasha Firmana Albany
Nusantara Science and Technology Proceedings 8th International Seminar of Research Month 2023
Publisher : Future Science

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.11594/nstp.2024.4177

This journal scrutinizes the legal enforcement concerning environmental violations committed by mining companies in Indonesia. The study explores the practical implementation and effectiveness of legal measures in shielding the environment from the adverse impacts associated with mining activities. Through an analysis of regulatory frameworks and case studies, the research evaluates the challenges and successes in enforcing environmental laws within the mining sector. Findings indicate the complexity of regulations and challenges faced in on-the-ground enforcement. Nevertheless, notable successes are also recorded in mitigating negative environmental impacts. The research contributes to our understanding of law enforcement efforts and policy expansion to address environmental challenges. It highlights the importance of robust legal mechanisms in reducing the environmental footprint of mining operations in Indonesia. The study has the potential to guide policy improvements and more sustainable practices in engaging mining companies while maintaining a balance between economic growth and environmental sustainability. The intricacies uncovered in this research offer insights into the dynamics of environmental law enforcement and suggest avenues for refining regulatory frameworks to better address the evolving landscape of environmental concerns in the context of mining activities in Indonesia.

The Essence of the Prohibition of Tender Rigging from a Business Competition Law Perspective Tedjokusumo, Dave David; Kagramanto, Lucianus Budi; Prasetyawati, Endang; Nasution, Krisnadi
Batulis Civil Law Review Vol 5, No 3 (2024): VOLUME 5 ISSUE 3, NOVEMBER 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i3.2093

Introduction: The government has made efforts to ensure that existing business competition legal regulations can accommodate the broad legal needs of society, but in reality, in everyday life, legal problems are still often encountered. One of the fundamental legal issues related to business competition in Indonesia is regarding government procurement of goods/services. There are many practices of bid rigging in the process of procuring government goods/services to determine the winner in a tender. Tender conspiracy cases often occur in Indonesia, therefore everything related to tender conspiracy must be carefully scrutinized. Purposes of the Research: The aim of this research is to analyze and discover the nature of the prohibition on bid rigging from a business competition law perspective.Methods of the Research: The research method used is normative juridical. Descriptive and argumentative techniques must be used in carrying out the analysis.Results of the Research: The essence of the prohibition on bid rigging from a business competition law perspective can actually be observed in Article 22 of Law no. 5/1999, Per. KPPU No. 2/2010, and Constitutional Court Decision Number 85/PUU-XIV/2016. This prohibition aims to not give rise to unhealthy business competition, so that the aim of holding tenders can be achieved properly to provide equal opportunities to business actors in offering competitive prices and quality, which in the end will result in the lowest price with the best quality.

Legal Strategy for Exposing Covert Cartel Agreements Through Indirect Evidence and Leniency Programs Kagramanto, Lucianus Budi; Anggriawan, Teddy Prima
Yuridika Vol. 40 No. 3 (2025): Volume 40 No 3 September 2025
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v40i3.67024

Indirect evidence is a form of indirect proof provided to seek material truth in the context of competition law enforcement. The leniency program is part of the final proofing process after law enforcers have utilized both direct and indirect evidence. The efficacy of the leniency program will eliminate cartel behaviors that greatly disrupt consumer welfare. This program is one of the roles of law in Indonesia, which is to maintain and regulate the economic activities among business actors so then these activities are orderly and balanced. The leniency program itself is a new substantive system included in the Draft Bill on the Prohibition of Monopolistic Practices and Unfair Business Competition in the amendment to Law No. 5/1999. The urgency of this amendment is also reflected in the 2025-2029 RPJMN, particularly in strengthening the economic transformation foundation through legal certainty and strengthening business competition, including competition institutions. The goal to be achieved is to eradicate cartel actors who violate the established rules in accordance with existing regulations. The program will have a positive impact on the sustainability and welfare of consumers in Indonesia regarding market production pricing. The research method used is normative legal research with a conceptual approach that is descriptive in nature. This research is highly likely to be implemented in Indonesia; both matters can be carried out by establishing a comprehensive Draft Law (RUU) on the Prohibition of Monopoly Practices and Unfair Business Competition.

Indonesia Merger Control Re-Evaluation : Twenty Years' Experience In Legal Limbo Setyawati, Ria; Iman Prihandono; Kagramanto, Lucianus Budi; Stefan Koos
Yuridika Vol. 39 No. 2 (2024): Volume 39 No 2 May 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i2.44330

This paper not only discusses the issue of the approach used, the issue of ex-post and ex-ante merger control regulation usage, issues of conflict of norms, overlapping legal rules, and the existence of legal vacuum which complicates the enforcement of rules regarding merger control in Indonesia. The legal issues examined in this paper concern the characteristics of merger control based on the ratio decidendi of KPPU decisions during the 20 years of enforcing business competition law in Indonesia and the ius constituendum of the ex-ante and ex-post approach. This research is based on normative legal research using a statute approach, conceptual approach, case approach, and comparative approach method. These methods lead to the conclusion of the research, which is, that in the past 20 years, Indonesia has experienced a change in the ex-post merger control approach, resulting in partiality in the articles applied that are not entirely used in KPPU decisions. Furthermore, the idealized rules (ius constituendum) on the control of mergers in Indonesia, outlined in Law No. 5 of 1999, will be examined based on the principles and objectives of competition law enforcement in the country.

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