Technology and Economics Law Journal


DISPARITAS PENGENAAN SANKSI DENDA OLEH KOMISI PENGAWAS PERSAINGAN USAHA ATAS KETERLAMBATAN NOTIFIKASI PENGAMBILALIHAN SAHAM

Yoelandani, Metta (Unknown)



Article Info

Publish Date
24 Aug 2025

Abstract

This research discusses the disparity in the imposition of administrative sanctions in cases of late notification of share acquisitions within the framework of Competition Law in Indonesia. However, in practice, disparities in the imposition of sanctions between cases are frequently encountered, caused by the absence of clear provisions detailing the calculation of administrative sanctions for business actors who are late in submitting notifications. In several cases, it was found that business actors with longer delays were subjected to lighter fines compared to those with shorter delays, thereby creating disparities in the imposition of sanctions. The purpose of this research is to examine the regulation of notification obligations and administrative sanctions in cases of late notification of share acquisitions, as well as to analyze the considerations of the Commission Council in KPPU Decision No. 07/KPPU-M/2024, KPPU Decision No. 10/KPPU-M/2024, and KPPU Decision No. 12/KPPU-M/2022 regarding the differences in administrative sanctions imposed. In addition, this study also describes the regulation of fines for cases of delayed notification of share acquisitions in South Korea. The results of this research indicate that disparities in the imposition of administrative sanctions may occur, among others, due to factors considered to be mitigating or aggravating circumstances according to the Commission Council’s considerations. The research method used is doctrinal and complemented by interviews with resource persons as supporting reference materials.

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Journal Info

Abbrev

publication:telj

Publisher

Subject

Description

The Technology and Economics Law Journal aims to accelerate legal scholars and professionals to provide written reviews on the latest developments and problems in Economic and Technology Law in Indonesia. The Technology and Economics Law Journal provides a covering focus covering: Law: Commercial ...