Tambok Julius, . (2025) PERBANDINGAN SANKSI ADMINISTRATIF KPPU DAN ANTITRUST LAW AMERIKA SERIKAT. Jurnal USM Law Review, 8 (3). pp. 2639-2655. ISSN 2621-4105
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Abstract
This study examines the elements of business conspiracy and the effectiveness of administrative sanctions imposed by the Indonesian Competition Commission (KPPU) in Decision Number 08/KPPU L/2024, as well as compares them with the United States Antitrust Law framework. The research is motivated by the limited deterrent effect and lack of legal certainty for victims of unfair business competition in Indonesia, particularly in conspiracy cases causing substantial losses. This study employs a normative juridical method using statutory, case, and comparative approaches by analyzing Law Number 5 of 1999 and its implementing regulations alongside the Sherman Act, Clayton Act, and the Federal Trade Commission Act. The findings reveal that all elements of business conspiracy in Decision 08/KPPU-L/2024 were legally established; however, the administrative sanctions imposed were disproportionate to the losses incurred, did not include individual liability, and failed to provide direct restitution mechanisms for injured parties. Consequently, administrative sanctions have not functioned effectively as deterrence and legal protection instruments. The novelty of this study lies in its comparative analysis, positioning private enforcement and victim restitution under U.S. Antitrust Law as benchmarks for strengthening Indonesia’s administrative sanction regime. This study recommends enhancing KPPU’s authority, extending sanctions to both corporations and individuals, and establishing clear restitution mechanisms to ensure legal certainty and substantive justice in competition law enforcement.
| Item Type: | Article |
|---|---|
| Additional Information: | [No. Panggil : 2210611146] [Pembimbing : Diani Sadia Wati] [Penguji 1 : Davilla Prawidya Azaria] [Penguji 2 : Ema Nurkhaerani] |
| Uncontrolled Keywords: | Administrative Sanctions; Collusion; Unfair Business Competition |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | TAMBOK JULIUS |
| Date Deposited: | 17 Mar 2026 02:28 |
| Last Modified: | 17 Mar 2026 02:28 |
| URI: | http://repository.upnvj.ac.id/id/eprint/42752 |
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