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All Journal Progressive Law Review
Gunsu Nurmansyah
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Law, Crime, Criminology & Criminal Justice

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Journal : Progressive Law Review

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inggris Gunsu Nurmansyah
Progressive Law Review Vol. 6 No. 01 (2024): APRIL
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v6i01.162

Abstract

The independence of judicial power is an absolute requirement for law enforcement and justice. The independence of judges is an essential principle in a democratic legal system. Judges should be free from political influence or pressure from any party and only decide cases based on relevant facts and laws. The question is, what is the role of judges in maintaining the independence of the judiciary, and what is the legal basis for guaranteeing judicial power to realize freedom and justice for the community in the judiciary in Indonesia? The role of judges in maintaining judicial independence is urgent in ensuring justice and truth in a case. Judges must have high integrity and not be pressured by any party, including the government or specific interest groups. Judicial independence also means that judges should be free to make decisions without interference from other parties. The legal basis for guaranteeing judicial power to realize freedom and justice is an essential principle in Indonesia's legal system. This principle emphasizes that the court must be free from political interference or pressure from any party to carry out its duties fairly and objectively.
Consolidation of Competition Law and Consumer Protection Law in Indonesia : A Normative Study Based on Hans Kelsen's Pure Theory of Law wim badri zaki; Gunsu Nurmansyah; Wim Fadel Azmilhuda
Progressive Law Review Vol. 8 No. 1 (2026): APRIL 2026
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v8i1.323

Abstract

This article discusses the urgent need to merge Indonesia's Competition Law and Consumer Protection Law into a single enforcement body. Since 1999, Indonesia has maintained two separate legal entities: the Business Competition Supervisory Commission (KPPU) under Law No. 5 of 1999, and the National Consumer Protection Agency (BPKN) under Law No. 8 of 1999, with an annual budget of Rp 401 billion. Using a normative legal research method with statutory and conceptual approaches, this article assesses the legal validity of both laws after four amendments to the 1945 Constitution, evaluates the effectiveness of the dual institutional system, and advocates for consolidation based on Hans Kelsen’s pure theory of law and the principle of economic democracy. The study reveals that this separation has caused significant structural failures: by July 2025, Rp 265.49 billion in KPPU fines from 114 final decisions remained unenforced, and BPKN recovered only 10.6 percent of Rp 424.3 billion in documented consumer losses in 2024, with 70 percent of its recommendations ignored by government agencies. The total loss from these inefficiencies in a single year exceeds the combined budgets of both agencies. Considering models like the US Federal Trade Commission (FTC) and the Australian Competition and Consumer Commission (ACCC), and noting that 89 of 148 countries adopted a consolidation approach, this article argues that establishing a Competition and Consumer Protection Commission (KPPK) is an urgent constitutional, academic, and fiscal priority for Indonesia.
Co-Authors wim badri zaki Wim Fadel Azmilhuda