¹Nur Sulistiono , ²Imam Haryanto

¹Master Program of Law, Faculty of Law, State University of Veteran Jakarta

²Lecturer of Postgraduate Masters in Law, State University of Veteran Jakarta

DOI : https://doi.org/10.47191/ijsshr/v4-i7-15

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ABSTRACT

The case regarding the cartel contained in the KPPU's Decision Number: 15/KPPU-I/2019 which was carried out jointly by PT Garuda Indonesia (Persero), Tbk, PT Citilink Indonesia, PT Sriwijaya Air, PT NAM Air, PT Batik Air, PT Lion Mentari, and PT Wings Abadi. The Reported Parties are alleged to have violated the provisions of Article 5 and Article 11 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition by increasing the price of airline tickets. The data collection technique in this research is using the library research method. While the analysis technique carried out on the legal materials that have been collected by the author will be done deductively. The results of the study indicate that KPPU is only an administrative institution, so that KPPU can only impose administrative sanctions and is not authorized to impose criminal sanctions or civil sanctions. The KPPU Assembly has also decided that the business actors are guilty, but the KPPU Assembly has not imposed any sanctions on the mistakes of the business actors. The absence of sanctions imposed on cartel actors can make the perpetrators repeat their actions and in this case consumers will be harmed again.

KEYWORDS:

KPPU, Cartel, Business Competition

REFERENCES

Legislative Regulations:
1) The Constitution of the Republic of Indonesia in 1945

2) Republic of Indonesia, Law Number 5 of 1999 Prohibition of Monopolistic Practices and Unfair Business Competition
Buku:
1) Setiono, Supremacy of Law, (Surakarta: UNS, 2004)

2) Galuh Puspaningrum, Business Competition Law: Agreements and Activities Prohibited in Business Competition Law in Indonesia (Yogyakarta : Aswaja Pressindo, 2013)

3) Susanti Adi Nugroho, Business Competition Law in Indonesia, In Theory and Practice and Application of the Law, (Jakarta, Kencana Prenada Media Group, 2012), p. 20Sutatiek, Sri, 2007, Juvenile Court Decisions as a Manifestation of Child Protection and Welfare in Indonesia, Dissertation, Faculty of Law Universitas Brawijaya
Other Sources :
1) Business Competition Supervisory Commission (KPPU), KPPU Decision Number 15/KPPU-I/2019

VOlUME 04 ISSUE 07 JULY 2021