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Ada Pertanyaan? Hubungi Kami Christina Desy, Fathan Qorib
As a priority item under the 2015 National Legislation Program 2015, Law No. 5 of 1999 on Prohibition of Monopolistic Practices and Unfair Business Competition (“Antitrust Law”) is expected to be amended soon. Current monopolistic and cartel practices in Indonesia have proven that the current Antitrust Law needs immediate improvement.Lawmaker Reflizar (Commission VI) asserts that the amendment simply aims for a better economic system for the Indonesian people. To achieve this objective, Mr. Reflizar believes that the government must strengthen the powers of the Commission for the Supervision of Business Competition (“KPPU”).
Mr. Reflizar’s view is also supported by KPPU Commissioner Muhammad Syarkawi Rauf. Mr. Rauf believes that the amendment of the Antitrust Law must at least incorporate five substantial items to strengthen the KPPU’s role.
First, the amendment must revise the definition of “entrepreneur” to include foreign entrepreneurs whose businesses may impact on Indonesia. On this point, Mr. Rauf also hopes that the KPPU will be authorized to handle foreign antitrust cases which are deemed to harm Indonesia’s economy, as is practiced in Japan, Singapore, and the European Union.
“This is important to protect national interests, especially with the upcoming ASEAN Economic Community,” said Mr. Rauf on Tuesday.
Second, Mr. Rauf is urging for a mandatory report by companies before entering into a so called corporate action, such as a merger. The current system only requires a report after the corporate action has been concluded.
Further elaborating on his statement, Mr. Rauf believes that the amendment must provide the KPPU with the authority to openly investigate companies that allegedly violate the Antitrust Law, including site visits. According to Mr. Rauf, up until now, KPPU's investigations have been conducted secretly.
In regard to violations of the Antitrust Law, Mr. Rauf also sees it as important to increase the penalty for parties committing cartel practices proposing a penalty of up to IDR 500 billion.
Above all, Mr. Rauf is demanding the amendment clarify the status of the KPPU. His primary concern is that the KPPU must first be taken more seriously in order to be able to properly enforce the provisions of the Antitrust Law.
(hot/kc)
Christina Desy, Fathan Qorib
As a priority item under the 2015 National Legislation Program 2015, Law No. 5 of 1999 on Prohibition of Monopolistic Practices and Unfair Business Competition (“Antitrust Law”) is expected to be amended soon. Current monopolistic and cartel practices in Indonesia have proven that the current Antitrust Law needs immediate improvement.Lawmaker Reflizar (Commission VI) asserts that the amendment simply aims for a better economic system for the Indonesian people. To achieve this objective, Mr. Reflizar believes that the government must strengthen the powers of the Commission for the Supervision of Business Competition (“KPPU”).
Mr. Reflizar’s view is also supported by KPPU Commissioner Muhammad Syarkawi Rauf. Mr. Rauf believes that the amendment of the Antitrust Law must at least incorporate five substantial items to strengthen the KPPU’s role.
First, the amendment must revise the definition of “entrepreneur” to include foreign entrepreneurs whose businesses may impact on Indonesia. On this point, Mr. Rauf also hopes that the KPPU will be authorized to handle foreign antitrust cases which are deemed to harm Indonesia’s economy, as is practiced in Japan, Singapore, and the European Union.
“This is important to protect national interests, especially with the upcoming ASEAN Economic Community,” said Mr. Rauf on Tuesday.
Second, Mr. Rauf is urging for a mandatory report by companies before entering into a so called corporate action, such as a merger. The current system only requires a report after the corporate action has been concluded.
Further elaborating on his statement, Mr. Rauf believes that the amendment must provide the KPPU with the authority to openly investigate companies that allegedly violate the Antitrust Law, including site visits. According to Mr. Rauf, up until now, KPPU's investigations have been conducted secretly.
In regard to violations of the Antitrust Law, Mr. Rauf also sees it as important to increase the penalty for parties committing cartel practices proposing a penalty of up to IDR 500 billion.
Above all, Mr. Rauf is demanding the amendment clarify the status of the KPPU. His primary concern is that the KPPU must first be taken more seriously in order to be able to properly enforce the provisions of the Antitrust Law.
(hot/kc)