Leniency Program to Prove the Cartel in the Enforcement of Business Competition Law

Abstract

The strongest characteristic of the cartel is the nature of the confidentiality of the agreement. Because confidentiality makes proof very difficult. The difficulty of proving a cartel case is due to the limited authority of the KPPU in carrying out its duties. In connection with the difficulty in expressing the cartel, business competition authorities in several countries such as the United States, Japan, Australia and countries that are members of the European Union have implemented punitive relief programs. the main purpose of implementing a sentence relief program. The purpose of implementing a penalty relief program is for cartel actors to report their violations to competition authorities; giving a cold effect that prevents the formation of a cartel; and to obtain further information (evidence) regarding the existence of a cartel. Therefore, the implementation of a penalty relief program in business competition law in Indonesia is very urgent. Implementation of a penalty relief program will be effective if there is a strong legal basis in business competition law. Further suggestions to the Government and Parliament of the Republic of Indonesia need to amend Law No. 5 of 1999 by regulating provisions in a comprehensive manner regarding the sentence relief program.

Keyword: cartel, law enforcement, leniency program.

DOI: 10.7176/JLPG/87-14

Publication date:July 31^st 2019