Pengaturan hukum persaingan usaha di Indonesia

Nugroho, Adi Susanto (2000) Pengaturan hukum persaingan usaha di Indonesia. Masters thesis, Universitas Pelita Harapan.

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Abstract

Competition problems in Indonesia originate firom a complex and complicated issues. Most of the problems are created by government, intentionally or unintentionally, and very little are actually the result of pure anti competitive behavior. For that reason more than a year ago,Indonesia enacted the Law regarding Prohibirion of Monopolistic Practice and Unhealhty Business Competition, The Law provides a regulatory framework to maintain and improve efficiency, in markets, promote competitive pricing practices,and restrain prices rises in markets where competition is affected by business practices; namely : horizontal and vertical restraints;abuse of dominants position; merger and or acquisitions (this policy was never a priority of the New Order regime) Promoting competition in Indonesia is still a difficult task. Its success depends largely on how well the concepts and values of competition are inserted into the policy making process of the country. Competition policy is related to, yet is often in conflict with, core areas of industrial and trade policy, such as tariff protection, subsidies, government procurement, and standards. The Law also provides an institutionalfirameworkat the center of which is the Commission for Business Competition (CBC, similar to the Indonesian KPPU) an independent government authority, which has the role of implementing and enforcing the law. KPPU like most of their international siblings such as the US Federal Trade Commission, or Australia's Competition and Consumer Protection Commission, is an independent body of the government in charge with exclusive enforcement powers. The KPPU's member should be a small number of capable professionals with exposure to the law or economic of competition law. Eventhough the ultimate goals of this Competition Law should be to maintain and encourage competation as a vehicle to promote economic-efficiency, and maximize public/consumer welfare, but there is still a long road ahead to make competition policy an effective instrument to promote competition in the markets of Indonesia

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