ENFORCEMENT OF BUSINESS COMPETITION LAWS IN IMPLEMENTATION INDIRECT EVIDENCE (Direct evidence) AGAINST CARTEL PRACTICES

  • Ni Made Trisna Dewi Dwijendra University Faculty of Law
  • Ni Putu Putri Rahmayanti Dwijendra University Faculty of Law
Keywords: Law Enforcement, Indirect Evidence, Cartel Practices

Abstract

This article aims to know the enforcement of business competition law in the implementation of indirect evidence on cartel practices. This article belongs to legal principles and legal doctrines in order to answer the legal problems encountered who based focus read and study materials primary and secondary law. For law drafting to be able to produce arguments for new theories or concepts, it is a prescription for solving the problems of this legal research. The results of the research indicate that the enforcement of business competition law against cartel practices in Indonesia continues to face obstacles and has not been maximized. This indirect evidence can be used as a solution to the difficulty of proving the practice of cartels in business competition laws, provided that they are equipped with other evidence. Indirect evidence may be included in the category of evidence in Article 42 of Law No. 5 of 1999 on Prohibition of Monopoly Practices and Unfair Competition.

References

Andi Fahmi Lubis,et al.2009.Business Competition Law Text and Context. Jakarta: Supervisory Commission Business competition.
Binoto Nadapdap. 2019.Business Competition Law Indirect Evidence Versus Cartel Wall. Jakarta: Jala Permata Aksara.
Munir Fuady. 2012.Legal Theory of Criminal and Civil Evidence. Bandung: Citra Aditya Bakti. Peter Mahmud Marzuki. 2015.Legal research. Jakarta: Kencana Prenanda Media Group.
Anna Maria Tri Anggraini. 2010. "Use of Economic Analysis in Detecting Based Cartels Business Competition Law”. Journal of Business Competition. Volume 4. Number 3. Jakarta: Business Competition Supervisory Commission.
Mahmul Siregar. 2018. “Indirect Evidence (Indirect evidence) in Competition Law Enforcement Business in Indonesia”.Ocean of Justice. Volume 13. Number 2. Terrain:. Faculty of Law, University of North Sumatra.
Sukarmi. 2011. "Evidence of Cartels in Business Competition Law. 6th Edition 2011.Journal Business competition.Volume 6. Number 6. Jakarta: Business Competition Supervisory Commission.
Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Business Competition Not healthy The Sherman Antitrust act of 1890
Published
2024-04-27