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All Journal Jurnal Menara Ekonomi : Penelitian dan Kajian Ilmiah Bidang Ekonomi Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) International Journal of Economic, Business, Accounting, Agriculture Management and Sharia Administration (IJEBAS) International Journal of Economics and Management Research International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT) Maeswara: Jurnal Riset Ilmu Manajemen dan Kewirausahaan International Journal of Economics and Management Research
Ami Natuz Zahara
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JURIDICAL ANALYSIS OF PRICE FIXING AS UNFAIR BUSINESS COMPETITION Henry Aspan; Etty Sri Wahyuni; Ari Prabowo; Ami Natuz Zahara
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 7 No. 2 (2025): 10th IHERT (2025): IHERT (2025) SECOND ISSUE: International Conference on Healt
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v7i2.510

Abstract

Price fixing is one of the prohibited agreements under competition law due to its inherently anti-competitive nature and harm to consumers. This research aims to analyze price fixing regulations under Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, focusing on the application of per se illegal approach, evidence using indirect evidence, and law enforcement challenges in Indonesia. The research method used is normative juridical with statutory, conceptual, and case study approaches. The results show that price fixing is regulated under Article 5 of Law No. 5 of 1999 with a per se illegal approach that does not require proof of impact. However, in practice, the Business Competition Supervisory Commission (KPPU) often faces difficulties in proof as business actors tend to avoid written agreements. The use of indirect evidence consisting of economic and communication evidence has become an increasingly developed alternative proof. This research recommends strengthening regulations regarding the position of indirect evidence and enhancing KPPU's capacity in economic analysis for effective competition law enforcement.
Co-Authors Ari Prabowo Dian Mahardi Lestari Etty Sri Wahyuni Henry Aspan Rahmad Mirad Rozaini