RECONSTRUCTION OF CRIMINAL LAW ENFORCEMENT AGAINST VIOLATIONS OF INDONESIAN BUSINESS COMPETITION LAW AFTER THE KPPU DECISION HAS ENTERED FIXTURE

Abstract

The legal standing of KPPU decisions and criminal policies in the enforcement of Indonesian competition criminal law after the enactment of the Job Creation Law. Using normative legal research methods with a conceptual and legislative approach, this study examines the structural problems in the implementation of the ultimum remedy mechanism in business competition law. The results of the study indicate that although Article 44 paragraph (5) of Law Number 5 of 1999 provides a special position for KPPU decisions as "sufficient initial evidence" for investigators, empirical reality reveals that business actors ignore KPPU decisions that have permanent legal force but not a single case has been submitted to investigators. This study concludes that there is a fundamental dysfunction in the design of criminal competition law policy, requiring comprehensive reconstruction to ensure the effectiveness of fair competition protection in Indonesia.