OBSTACLES IN THE COMMISSION FOR THE SUPERVISION OF BUSINESS COMPETITION (KPPU) IN DISCLOSING THE PRACTICE OF CORPORATION CARTELS IN INDONESIA

Abstract

This article aims to determine the constraints faced by the Business Competition Supervisory Commission (KPPU) in uncovering cartel practices in Indonesia. This study method used is empirical legal research (sociological/non-doctrinal) with the nature of descriptive research. The results of the study showed that in uncovering cartel practices, there are several constraints, namely constraints originating from the substance factor of the law itself, in this case, Law Number 5 the Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, among others, related to procedures case handling processes that tend to take too long and the difficulty of proving the existence of cartel practices well as constraints that come from legal structure factors (apparatus law enforcers), in this case, KPPU as a business competition law enforcement agency in Indonesia still has problems in revealing cartel practices related to KPPU's limited authority such as in investigations, searches, and others and not yet the establishment of good cooperation between all parties/agencies in uncovering cartel practices.