International Journal of Law, Environment, and Natural Resources
Vol. 2 No. 1 (2022): April Issue

Comparative Study Application Of Extraterritorial Jurisdiction In Competition Law Between Indonesia And Us Antitrust Law: Case Study: Temasek Holdings and VLCC

Syarah Meiriska Dewi (Universitas Islam Indonesia)
Siti Anisah (Faculty of Law, Universitas Islam Indonesia)



Article Info

Publish Date
19 Jul 2022

Abstract

The USA as a pioneer has published Antitrust Law since the XIX century. Indonesia also has business competition laws which are regulated in Law No. 5 of 1999. However, the scope of the definition of business actors in Indonesia is still very narrow. It does not strictly regulate the extraterritorial principle in Article 1 paragraph 5 so that there are legal loopholes for business actors who are outside the jurisdiction. However, KPPU has already made decisions on business actors domiciled abroad from the case Temasek Holdings, Ltd. (No. 07/KPPU-L/2007) and VLCC (No. 07/KPPU-L/2004). Problem formulation of this research is: how is the definition of a business actor based on Indonesian law and USA law; and how is the application of Extraterritorial Jurisdiction in Indonesia law and USA law? The methodology of this research is normative legal research with library research method by tracing secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Data were analyzed using qualitative analysis. The results of this study, there are differences in the understanding of business actors in Law No.5 of 1999 and Antitrust Law. Uncertainty regarding foreign elements in Law No.5 of 1999 makes judges use "Effect Doctrine" and "Single Economy Entity" in categorizing business actors who are outside the jurisdiction of Indonesia. From the existing problems, the Indonesian government should amend the definition of business actors in Law No. 5 of 1999 and provide the principle of extraterritoriality in the duties and powers of the KPPU.

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Journal Info

Abbrev

injurlens

Publisher

Subject

Economics, Econometrics & Finance Energy Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

International Journal of Law, Environment and Natural Resources (INJURLENS) ISSN 2828-9137 (Print) 2776-4974 (Online) is an international, scholarly open access journal on the topic of law, environment, and natural resources. It publishes reviews and regular research papers and there is no ...