The Nature of Cartel Criminal Act in Indonesia

Abstract

Cartel is an independent producer group that aims to set prices, to limit supply and competition. Under anti-monopoly law, cartels are banned in almost all countries. Nevertheless, cartels remain in the national and international, formal and informal spheres. In the business world, there is a tension in terms of the meaning of the cartel's actions, whether it can be classified as a crime or civil. This ambiguity occurs in the debate about subjective and objective blame. Subjective ignorance originating from cartel actors is generally carried out by entrepreneurs who are normally oriented towards maximizing profits, minimum costs, and efficiency. Meanwhile, objective ignorance neglects that the ban on cartels as a disgraceful act is also not accepted by ordinary people, especially the business community. This research was conducted to find out the reasons for the existence of criminal acts of Cartel in Indonesia based on philosophical aspects in concrete terms. The research was conducted with several approaches including the statute approach, conceptual approach and comparative approach. The results of the study stated that cartel prohibition as a criminal act lies in complex legal protection with the reasons that come from the nature of the general and specific laws (without rights, against the subjective rights of others, and contrary to legal obligations) that is contrary to the protection of legal interests namely social values, morality, justice, kinship, mutual cooperation, good faith and good fair dealing as well as obligations that are prohibited by law because they have tremendous destructive power, having micro and macroeconomic implications of a country. In the context of Indonesia's state interests, the cartel injures the state ideology (Pancasila), the purpose of the state (Opening of the 1945 Constitution) and the constitution.

Keywords: Cartel, Crime, Anti-Business Competition, Blame Worthiness