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All Journal Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Nusantara Science and Technology Proceedings Batulis Civil Law Review Yuridika
Lucianus Budi Kagramanto
Doktor Ilmu Hukum Dan Dosen Hukum Dagang Fakultas Hukum Universitas Airlangga
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Journal : Yuridika

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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

Abstract

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

Abstract

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.
Co-Authors Albany, Rasha Firmana Anggriawan, Teddy Prima Iman Prihandono Krisnadi Nasution Rasha Firmana Albany S Endang Prasetyawati Sedarto, Teguh Setyawati, Ria Stefan Koos Tedjokusumo, Dave David Teguh Sedarto