PENEGAKAN HUKUM OLEH KOMISI PENGAWAS PERSAINGAN USAHA TERKAIT PERJANJIAN PENETAPAN HARGA

Abstract

The existence of the Business Competition Supervisory Commission (KPPU) to supervise the implementation of the Business Competition Law. The authority possessed by the KPPU in carrying out its duties includes investigation, prosecution, consultation, examining and deciding cases. However, its authority in handling Price Determination Agreement cases is not yet optimal. For this reason, the KPPU needs the direction of the legal system of business competition supervisory institutions from countries with strong legal and economic systems so that they can be used as a reference for the implementation of the country based on constitutional heritage, such as Japan. The Antimonopoly Law in Japan establishes the Japan Fair Trade Commission (JFTC) which has quite effective authority in handling price fixing agreement cases, namely with the Pre-Notification legal system. This research emphasizes the problem of comparing the authority of the Business Competition Supervisory Agency in Indonesia and the Business Competition Implementation Supervisory Agency in Japan, especially in handling Price Determination Agreement cases. The research method used is Normative Juridical (Legal Research) to answer the legal issues faced. which aims to study one or several symptoms of a particular regulation and how to analyze it. The results of this research are that the KPPU needs legal reform regarding its authority in handling price fixing agreement disputes, one of which is by implementing a Pre-Notification legal system as in Japan, namely the Japan Fair Trade Commission (JFTC).