URGENSI PENERAPAN LENIENCY PROGRAMS TERHADAP PENEGAKAN HUKUM PERSAINGAN USAHA DI INDONESIA

Abstract

Enforcement of business competition law in Indonesia has encountered problems in proving violation cases. This is because prohibited agreements made by business actors are not always born from a written agreement. UU no. 5 of 1999 does not regulate how to prove the existence of an agreement. The purpose of this study is to find out how to overcome obstacles in enforcing business competition law in Indonesia by analyzing whether these leniency programs are suitable for adoption in Indonesian business competition law products. This study uses doctrinal research, with a statutue approach and a conceptual approach. The statue approach is carried out by examining all regulations that contradict the legal issues raised, while the conceptual approach is an approach that departs from the views and doctrines that develop in the field of law. The results of this study indicate that reflecting on the implementation of leniency programs in other countries, Indonesia is deemed necessary to adopt Liniency Programs in Law Number 5 of 1999 and the need for additional Comission for The Supervision of Business Competition authority in the form of coercive measures.