THE APPLICATION OF INDIRECT EVIDENCE IN CARTEL PRACTICES

Dasjagarni Ulinai Novriani, . (2024) THE APPLICATION OF INDIRECT EVIDENCE IN CARTEL PRACTICES. Jurnal Daulat Hukum, 7 (2). pp. 146-160. ISSN 2614-560X

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Abstract

KPPU is tasked with overseeing business competitions, confronting challenges in identifying and proving cartel practices. According to Article 1, paragraph 7 of Law Number 5 of 1999, agreements among business actors need not be written to constitute cartels, potentially allowing for covert operations. This absence of written documentation complicates KPPU's efforts to substantiate suspicions of cartel behavior, often hindering the discovery of tangible evidence necessary for legal proceedings. Consequently, proving cartel activities in court becomes arduous, as direct evidence is typically required while these agreements may lack physical documentation, posing ongoing challenges for regulatory enforcement. To prove business actors did, in fact, make a patch about cartels, KPPU is able to use indirect evidence. The purpose of this research is to analyze how indirect evidence is applied in the practice of the packaged cooking oil cartel in KPPU Decision Number: 15/KPPU-I/2022 and how protection towards harmed consumers is provided in this context. This research uses a normative juridical method, or literary based legal research, focusing on primary and secondary legal sources. It employs a statute approach and a case approach. Data analysis is conducted qualitatively. This research concluded that the use of indirect evidence, such as economic analysis and communication records, is crucial in uncovering cartel practices, underscoring the challenges of proving cartels with direct evidence and effective consumer protection requires both preventive and repressive measures, including regulatory oversight and sanctions against unfair business practices.

Item Type:	Article
Additional Information:	[No. Panggil : 2010611110] [Pembimbing : Heru Suyanto] [Penguji 1 : Dwi Desi Yayi Tarina] [Penguji 2 : Sylvana Murni DH]
Uncontrolled Keywords:	Cartel; Consume; Evidence; Protection.
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	DASJAGARNI ULINAI NOVRIANI
Date Deposited:	26 Aug 2024 07:42
Last Modified:	26 Aug 2024 07:42
URI:	http://repository.upnvj.ac.id/id/eprint/31745

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