Rabu, September 29, 2021

MA Issues New Provisions on the Filing of Objections to KPPU Decisions

In order to implement various provisions that specifically address the filing of objections, as originally set out under Law No. 11 of 2020 on Job Creation, which introduced a number of changes to the framework of Regulation of the Supreme Court (Mahkamah Agung – "MA") No. 30 of 2019, the MA has now issued Regulation No. 3 of 2021 ("Regulation 3/2021") on Procedures for the Filing and Examination of Objections to Decisions of the Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha - "KPPU").
During the filing of objections, petitioners are required to submit the following documents: 1) Power of attorney; 2) Objection petition; 3) Copy of the relevant KPPU decision; and 4) Copy of a legalized bank guarantee (jaminan bank yang dilegalisir). The document outlined in point (4) above should be submitted in the event that a KPPU decision includes the imposition of a fine as an administrative sanction.
If an objection is filed through electronic case administration via the court information system, then the process of issuing summonses and trial notifications, as well as the rendering and submission (penyampaian) of decisions, will be conducted electronically. These processes do not require any prior approval to be secured from the KPPU.
Examinations of objections will be conducted without the need for any mediation. Moreover, examination of objections will be conducted in relation to formal/material aspects based on copies of KPPU decisions and related case files. If permitted by the relevant panel of judges, a petitioner may propose (mengajukan) witnesses/experts whose statements were not included or considered in the original KPPU decision. However, petitioners are not allowed to provide any letter of evidence (bukti surat) and/or new documents. After an examination has been completed, the panel of judges will render a decision immediately instead of within three months, as was previously the case. Said decision will include the reasoning and considerations that were taken into account.
Regulation 3/2021 has been in force since 17 September 2021.

......

Subscribe to read more legal analysis.

Hukumonline Pro Intelligence

Platform AI hukum terpercaya sebagai solusi komprehensif riset Anda

Professional Solutions

University Solutions

Pro

Rp 5.000.000 /bulan

Jadwalkan Demo

Lihat Detail

Pro AI

Terfavorit

Rp 8.200.000 /bulan

Jadwalkan Demo

Lihat Detail

Pro Compliance

New

Rp 12.500.000 /bulan

Jadwalkan Demo

Lihat Detail

*Syarat dan ketentuan berlaku

In order to implement various provisions that specifically address the filing of objections, as originally set out under Law No. 11 of 2020 on Job Creation, which introduced a number of changes to the framework of Regulation of the Supreme Court (Mahkamah Agung – "MA") No. 30 of 2019, the MA has now issued Regulation No. 3 of 2021 ("Regulation 3/2021") on Procedures for the Filing and Examination of Objections to Decisions of the Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha - "KPPU").
During the filing of objections, petitioners are required to submit the following documents: 1) Power of attorney; 2) Objection petition; 3) Copy of the relevant KPPU decision; and 4) Copy of a legalized bank guarantee (jaminan bank yang dilegalisir). The document outlined in point (4) above should be submitted in the event that a KPPU decision includes the imposition of a fine as an administrative sanction.
If an objection is filed through electronic case administration via the court information system, then the process of issuing summonses and trial notifications, as well as the rendering and submission (penyampaian) of decisions, will be conducted electronically. These processes do not require any prior approval to be secured from the KPPU.
Examinations of objections will be conducted without the need for any mediation. Moreover, examination of objections will be conducted in relation to formal/material aspects based on copies of KPPU decisions and related case files. If permitted by the relevant panel of judges, a petitioner may propose (mengajukan) witnesses/experts whose statements were not included or considered in the original KPPU decision. However, petitioners are not allowed to provide any letter of evidence (bukti surat) and/or new documents. After an examination has been completed, the panel of judges will render a decision immediately instead of within three months, as was previously the case. Said decision will include the reasoning and considerations that were taken into account.
Regulation 3/2021 has been in force since 17 September 2021.

......