인도네시아 경쟁법: 실체규정과 절차규정의 분석

Abstract

Indonesia adopted the Competition Law in the late 1990s, the earliest among 10 ASEAN member States. The Competition Law contains three types of substantive regulations classified as prohibited agreements, prohibited acts, and dominant positions. The distinct characteristics of the Law is that judging horizontal agreement as rule of reason, judging abuse of dominant position as per se illegal, and reviewing mergers ex post. However, this also deserves respect as it is the result of an agreement that the representatives of the people to legislate and implement on the basis of the State's unique social, political, and economic experiences. Due the recent law amendment in 2020, it is is expected that the people’s interest on the Competition Law and ability of the judicial review will be increased because the amendment allows increased administrative surcharges, courts dedicated to review competition law cases as well as the extended judicial review period. However, the Competition Law, still, is on the way to catch up the global standard. For example, the Law has lack of investigation authority, extraterrestrial application provisions, leniency system, high burden of proof due to different examination criteria. ASEAN member States decided to introduce competition laws by 2015 and may of them have introduced or completely amended competition laws. Indonesia enacted the law in 1999 and has been in effect for over 20 years, with only one amendment to the law in 2020. This is also a step forward, but for more efficient and effective enforcement of the law, it is necessary to amend the law including the introduction of the leniency system and the authority to investigate. It is time to consider revising the Indonesian Competition Law to conform and converge with the global standard in consideration of regional block, activities of multinational corporations, competition chapter included in free trade agreements, and the formation of the ASEAN Economic Community.