scholarly journals Upaya Pemberantasan Kartel dengan Pemberlakuan Leniency Program

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Marifa Anandita Sari

This research is intended to explain whether the leniency program can be applied in Indonesia. In accordance with Law No. 5 of 1999, Indonesia currently has not implemented a leniency program in terms of cartel empowerment efforts. The Leniency Program is expected to be a solution to reduce and be able to open a veil of cartel that has been difficult to prove. Research method in this paper using normative method with the analysis of regulations and comparative law. The results of this study show that the leniency program that has been launched by the developed state can reduce and open cartel cases significantly. Even so, the application needs to be considered according to the needs of the country. In a number of other studies, developing countries that apply the leniency program only duplicate those that have been implemented by other countries so that their application is less effective. The amendment to the competition law is needed to applied leniency program

2019 ◽  
Vol 14 (1) ◽  
pp. 65-89
Author(s):  
Amber DARR

AbstractIn recent years, several developing countries have adopted regulatory laws to remain relevant in an increasingly globalized world and to make a successful transition from protected to market economies. Whilst developing countries and multilateral organizations supporting them are aware that in order to succeed adopted laws must be compatible with the context for which they are intended, there is less clarity as to the processes through which compatibility is generated. This article draws upon comparative law and development economics literature to argue that the compatibility of a transplant is shaped by the interplay of institutions through which it is adopted. The article also argues that in addition to compatibility, a transplant must enjoy a degree of legitimacy to be effective in the adopting country and the institutions which generate compatibility may also enhance such legitimacy. In order to understand the compatibility and legitimacy-generating potential of the interplay of adopting institutions in developing countries, the article examines and compares the adoption of competition laws by India and Pakistan in 2002 and 2007 respectively. The article also examines the impact of legitimacy on the post-adoption interpretation of competition law transplants and its significance for their implementation in either country.


2020 ◽  
Vol 8 (1) ◽  
pp. 28
Author(s):  
Anita Nindriani ◽  
' Pujiyono

<p>Abstract <br />Cartel is a dangerous criminal offense in the competition law. The impact of this cartel practice brings huge losses to consumers. The Business Competition Supervisory Commission in Indonesia has tried to eradicate cartels, but often constraints. The difficulty is finding direct / written evidence of a cartel. While most cartel agreements are not in writing, it could only be an agreement between the parties without making it in a written agreement. Program Leniency as one of the effective solutions in combating cartel activities, several countries have implemented this program in its law, but until now Indonesia has not regulated the leniency program. This article aims to determine the prospects of how to implement leniency programs in competition law in Indonesia. The research method used is empirical legal research (sociological/non-doctrinal) with the nature of descriptive research. The results of this study indicate that the leniency program can be applied in business competition law in Indonesia by adopting it in Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, in applying the leniency some things to consider include: Regulation of sanctions imposed, business actors or companies must understand that there is a high risk of cartel detection by competition authorities (fear of detections), as well as elements of clarity, transparency and predictability in implementing the leniency program.<br />Keywords: Competition Law; Cartel; Leniency Program.</p><p>Abstrak<br />Kartel merupakan kejahatan yang berbahaya dalam hukum persaingan usaha. Dampak dari praktik kartel ini membawa kerugian yang besar pada konsumen. Komisi Pengawas Persaingan Usaha di Indonesia telah berusaha untuk memberantas kartel, tetapi seringkali tekendala. Kesulitannya adalah menemukan bukti langsung/tertulis adanya kartel. Sementara sebagian besar perjanjian kartel tidak secara tertulis, bisa jadi hanya kesepakatan di antara para pihak tanpa membuatnya dalam perjanjian tertulis. Leniency Program sebagai salah satu solusi efektif dalam memerangi kegiatan kartel, beberapa negara telah menerapkan program ini dalam hukumnya namun sampai saat ini Indonesia belum mengatur mengenai leniency program. Artikel ini bertujuan untuk membahas mengenai prospek bagaimana penerapan leniency program dalam hukum persaingan di Indonesia. Metode penelitian yang digunakan adalah penelitian hukum empiris (sosiologis / non doktrinal) dengan sifat penelitian deskriptif. Hasil penelitian ini menunjukkan bahwa leniency program dapat diterapkan dalam hukum persaingan usaha di Indonesia dengan mengadopsinya dalam Undang-Undang Nomor 5 Tahun 1999 tentang Larangan Praktek Monopoli dan Persaingan Usaha Tidak Sehat, dalam menerapkan leniency beberapa hal yang perlu diperhatikan antara lain: Pengaturan sanksi yang dikenakan harus diperberat, Pelaku usaha ataupun perusahaan harus memahami bahwa terdapat resiko yang tinggi dari pendeteksian  kartel oleh otoritas persaingan jika mereka tidak mengajukan permohonan leniency (fear of detection),  serta Unsur kejelasan, transparansi, dan prediktabilitas dalam penerapan leniency program.<br />Kata Kunci: Hukum Persaingan Usaha; Kartel; Leniency Program.</p>


2020 ◽  
Vol 5 ◽  
pp. 34-40
Author(s):  
N. V. Buzova ◽  
◽  
R. L. Lukyanov ◽  

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.


This book presents a new stage in the contributions of the BRICS countries (Brazil, Russia, India, China, and South Africa) to the development of Competition Law and policy. These countries have significant influence in their respective regions and in the world. The changing global environment means greater political and economic role for the BRICS and other emerging countries. BRICS countries are expected to contribute nearly half of all global gross domestic product growth by 2020. For more than a century, the path of Competition Law has been defined by the developed and industrialized countries of the world. Much later, developing countries and emerging economies came on the scene. They experience many of the old competition problems, but they also experience new problems, and experience even the old problems differently. Where are the fora to talk about Competition Law and policy fit for developing and emerging economies? The contributors in this book are well-known academic and practising economists and lawyers from both developed and developing countries. The chapters begin with a brief introduction of the topic, followed by a critical discussion and a conclusion. Accordingly, each chapter is organized around a central argument made by its author(s) in relation to the issue or case study discussed. These arguments are thoughtful, precise, and very different from each another. Each chapter is written to be a valuable freestanding contribution to our collective wisdom. The set of case studies as a whole helps to build a collection of different perspectives on competition policy.


2010 ◽  
Vol 3 (2) ◽  
Author(s):  
Shiju Varghese Mazhuvanchery

The relationship between competition law and development continues to be a subject that excites many. The appropriate design of a competition law with developmental dimensions is a contentious issue. With the enactment of the Competition Act 2002, India joined the hundred odd developing countries that have adopted new competition laws over the last two decades. After a hiatus of seven years, substantive provisions of the Act have been notified recently. The Indian Act presents a perfect case study for the developmental dimensions of competition law. This paper explores the events that led to the enactment of the new law in India and analyses its provisions from a developmental perspective. The paper concludes that many of the provisions in the law may come in the way of the realization of developmental goals.


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