SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 33, 1999 | (Explanation in Additional State Sheet Republic Indonesia Number 3817) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
NUMBER 5 YEAR 1999
ABOUT
MONOPOLY PRACTICE BAN AND COMPETITION
UNSANITARY EFFORTS
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that development of the economic field must be directed to the establishment of the welfare of the people based on Pancasila and the Basic Law of 1945;
., b. that democracy in the economy wants the same opportunity for every citizen to participate in the process of production and marketing of goods and or services, in a climate of healthy, effective, and efficient business so that it can be. encourage economic growth and the work of a reasonable market economy;
., c. that any person who seeks in Indonesia should be in a healthy and reasonable competition situation, so that it does not give rise to the centralization of economic power on the perpetrators of a particular effort, by not regardless of the deal that has been exercised by the country of the Republic of Indonesia against international treaties;
., d. that to realize as referred to in the letters a, letter b, and the letter c, on the proposal of the People's Representative Council initiative needs to be drafted on the Prohibition of Monopoly Practice And The Competition Of Non-Healthy Enterprises;
.,, Given: 1. Section 5 Verse (1), Article 21 Verse (1), Article 27 Verse (2), and Article 33 of the Basic Law of 1945;
With the approval
THE REPUBLIC OF INDONESIA ' S REPRESENTATIVE COUNCIL
DECIDED:
.,, Setting: LEGISLATION ON THE PROHIBITION OF MONOPOLIES PRACTICE AND COMPETITION OF UNSANITARY EFFORTS.
BAB I
UMUM PROVISIONS
Section 1
In this law referred to:
., a., a. A monopoly is a mastery of the production and or marketing of goods and or for the use of certain services by one or one of the group's perpetrators.
., b. Monopoly practice is the centralization of economic power by one or more of the perpetrators of the business that results in the production of and or marketing of certain goods and services resulting in competition of unsanitary and adverse efforts. General interest.
., c. The centralization of economic power is the real mastery over a market concerned by one or more of the actors of the business so that it can determine the price of goods and or services.
., d. The dominant position is the state in which the target does not have a meaningful competitor in the market in relation to the market share, or the perpetrator has the highest position among its competitors in the market in question. links with financial skills, access to supply or sale capabilities, as well as the ability to adjust supplies or requests of certain goods or services.
., e. An attempted person is an individual person or entity, whether a legal entity or not a legal entity that is established and based or performing activities within the country's legal territory of the Republic of Indonesia, both alone and together. through the agreement, organize a variety of business activities in the field of economics.
., f. Unsanitary competition is the competition between actors in the running of production activities and or marketing of goods and or services that are performed in an untruthful way or against the law or hinting the competition.
., g. An Agreement is an act of one or more attempts to bind itself to one or more of the perpetrators of another business under any name, whether written or unwritten.
., h. Conspiracy or attempted conspiracy is a form of cooperation by which the perpetrator of the business is concerned with the intent of mastering the market for the interests of the conspirating.
., i. A market is an economic institution in which buyers and sellers are either directly or indirectly able to conduct trade transactions of goods and services.
., j. A concerned market is a market related to a particular range or marketing area by the perpetrator of the same goods and or services of the goods or services or the substitution of such goods and or services.
., k. Market structure is the state of the market that provides clues about aspects that have important influence on the behavior of the people's business and performance, among others the number of sellers and buyers, the barriers in and out of the market, the diversity of the products, the distribution system, and the mastery of market share.
., l. Market behavior is an action that is performed by the perpetrator in its capacity as a supplier or buyer of goods and or services to achieve the objectives of the company, among other profits, asset growth, target sales, and competition methods. Used.
., m. Market share is the percentage of the selling value or the purchase of certain goods or services controlled by the perpetrator in the concerned market within a given calendar year.
., n. Market price is the price paid in the transaction of goods and or services according to the agreement between the parties in the market is concerned.
., o. A consumer is any user and or user of goods and or services both for self-interest and for the benefit of other parties.
., p. Goods are any object, both tangible and intangible, both movable and non-movable, which may be traded, used, used, or utilized by the consumer or the perpetrator of the business.
BAB II
ASAS AND THE PURPOSE
Section 2
In Indonesia, the Indonesian industry is running an economic democracy with regard to the balance between the interests of the people of the effort and the common interest.
Section 3
The purpose of the formation of this law is to:
., a., a. maintaining common interests and improving the efficiency of the national economy as one of the efforts to improve the welfare of the people;
., b. To ensure the possibility of an equal opportunity for a major enterprise, the perpetrator of the medium, and the perpetrator of a small business;
.,, c. prevents the practice of monopolies and or competition of unsanitary endeavour incurred by the perpetrators of the effort; and
D. the creation of effectiveness and efficiency in venture activities.
BAB III
PROHIBITED AGREEMENTS
The First Part
Oligopoly
Section 4
.,, (1) The perpetrators are prohibited from making agreements with the perpetrators of other businesses to jointly control the production and or marketing of goods and or services that may result in the practice of monopolies and or competition of efforts Not healthy.
(2) The perpetrator is exemplary or considered to be jointly mastery of the production and or marketing of goods and or services, as referred to (1), if 2 (two) or 3 (three) business offenders or groups of business. more than 75% ( the expiration of the term there will be a vacancy in the membership of the Commission, then the term of member office can be extended until the appointment of new members.
Section 32
The Commission membership requirement is:
., 1. a citizen of the Republic of Indonesia, aged at least 30 (thirty) years and as high as 60 (sixty) years at the time of the appointment;
2. faithful to Pancasila and the Basic Law of 1945;
3. Believe and trust in the Almighty, the Esa;
4. honest, fair, and good conduct;
5. reside in the country region of the Republic of Indonesia;
., 6. experienced in the field of endeavour or having knowledge and expertise in the field of law and or economics;
7. never been convicted;
8. never stated pailit by the court; and
9. unaffiliated with a business entity.
Section 33
Commission membership stopped, because:
a. died the world;
B. recused himself at its own request;
c. housed live outside the country of the Republic of Indonesia;
D. Physical or spiritual pain persists;
e. the end of the Commission membership term; or
f. terminated.
Section 34
.,, (1) The Establishment of the Commission as well as the organizational arrangements, duties, and functions are defined by the Presidential Decree.
(2) For the agility of the execution of the task, the Commission is assisted by the secretariat.
(3) The Commission may form a working group.
., (4) The provisions of organizational arrangements, duties, and functions of the secretariat and work groups are further set up by the Commission ' s decision.
The Third Part
The task
Section 35
Commission tasks include:
., a., a. conduct an assessment of the agreement that may result in a monopoly practice and or competition of unsanitary endeavour as set out in Section 4 to Section 16;
., b. conduct an assessment of the business activities and or acts of an attempt that may result in a monopoly practice and or competition of unsanitary endeavour as set out in Section 17 to Section 24;
., c. conduct assessments of any or non-misuse of the dominant position which may result in the practice of monopolies and or competition of unsanitary endeavour as set forth in Section 25 to Section 28;
., d. take action pursuant to the authority of the Commission as set out in Article 36;
., e. provide advice and consideration to Government policies relating to the practice of monopolies and or competition of unsanitary efforts;
., f. compose the guidelines and or publications related to this Act;
., g. provide periodic reports of the work of the Commission to the President and the People's Representative Council.
The Fourth Part
Authorization
Section 36
The authority of the Commission includes:
., 1. received reports from the public and or from the perpetrators of efforts on the alleged occurrence of monopoly practice and or competition of unsanitary endeavour;
., 2. conduct research on suspected business activities and or acts of an attempt that may result in the practice of monopolies and or competition of unsanitary efforts;
., 3. conduct an investigation and or examination of suspected cases of monopoly practice and or competition of unsanitary efforts reported by the public or by the perpetrator of the business or presenting an attempted perpetrator, witness, expert witness, or any person as the letter e and the letter f, which is not willing to meet the Commission's call;
.,, 4. requesting the description of the Government instance in relation to the investigation and or examination of the perpetrators of the attempted undertaking in violation of the provisions of this Act;
. .5. obtain, research, and or assess any letter, document, or other evidence for investigation and or examination;
.,, 6.
Decide and assign an existing or no loss on the other person's or community's perpetrator;
., 7. notified the commission ' s ruling to the alleged perpetrator of the alleged monopoly practice and or competition of unsanitary endeavour;
., 8. Drop the sanction of an administrative act to the perpetrators of the effort that violates the provisions of this Act.
The Fifth Part
Financing
Section 37
Charges for the execution of the Commission ' s duties are charged to the State Revenue and Shopping Budget and or other sources allowed by the applicable law.
BAB VII
ORDER THE CASE HANDLING
Section 38
.,, (1) Any person who is aware of has occurred or is expected to have occurred a violation of this Act may report in writing to the Commission with a clear description of the occurrence of the breach, with Includes the identity of the media
.,, (2) The affected party as a result of the violation of this Act may report in writing to the Commission with a full and clear description of the occurrence of the breach as well as the loss inflicted, It includes the identity of the media.
.,, (3) The identity of the pronunciation as referred to in paragraph (1) is mandatory for secrecy by the Commission.
.,, (4) The order of the report delivery as referred to in paragraph (1) and paragraph (2) is further regulated by the Commission.
Section 39
.,, (1) Based on the report as referred to in Section 38 of the paragraph (1) and paragraph (2), the Commission is required to conduct a preliminary examination, and in no time at least 30 (thirty) days after receipt of the report, the Commission is required to specify need or There's no further examination.
.,, (2) In advanced examination, the Commission is obliged to conduct an examination of the alleged perpetrators of the reported effort.
.,, (3) The Commission is obliged to maintain the secrecy of the information obtained from the perpetrators of the effort categorized as the company ' s secret.
., (4) If viewed as the need for the Commission to be able to hear witness statements, expert witnesses, and or other parties.
.,, (5) In performing activities as referred to in paragraph (2) and verse (4), the Commission members are equipped with a duty letter.
Section 40
.,, (1) The Commission may conduct an examination of the alleged perpetrators if there is an alleged violation of this Act despite the absence of a report.
.,, (2) The examination as referred to in paragraph (1) is exercised in accordance with the manner of the manner as set forth in Article 39.
Section 41
.,, (1) the attempted and or other checked party is req"text-align: center;">
The Second Part
Membership
Section 31
.,, (1) The Commission is composed of a member of the members, a Vice Chairman and a member, and at least 7 (seven) members of the member.
.,, (2) The members of the Commission were appointed and dismissed by the President on the approval of the People ' s Representative Council.
.,, (3) The tenure of the Commission member is 5 (five) years and can be reappointed for 1 (one) times the next term.
.,, (4) If due to uired to hand over the necessary evidence in the investigation and or examination.
.,, (2) The offender is prohibited from refusing to be examined, refusing to provide the necessary information in the investigation and or examination, or impeding the investigation process and or examination.
.,, (3) The violation of the provisions of paragraph (2), by the Commission submitted to investigators for the inquiry to be conducted in accordance with the provisions applicable.
Section 42
The Commission's examination proof tools are:
a. witness ' s caption,
B. expert caption,
c. letters and or documents,
D. hint,
e. the statement of the attempted perpetrator.
Section 43
.,, (1) the Commission is required to complete an advanced examination no later than 60 (sixty) days from the follow-up examination as referred to in Article 39 of the paragraph (1).
.,, (2) Bilamana is required, the term of the advanced examination as referred to in paragraph (1) may be extended at most 30 (thirty) days.
.,, (3) mandatory commission
There has been no violation of this law at least thirty (30) days from the completion of the follow-up examination as referred to in paragraph (1) or verse (2).
.,, (4) The termination of the Commission as referred to in paragraph (3) shall be read in a hearing which is declared open to the public and is immediately notified to the perpetrators of the effort.
Section 44
(1) Within 30 (thirty) days since the attempted person received notice of the Commission's ruling as referred to in Article 43 of the paragraph (4), the perpetrator was obliged to carry out the verdict and submit its implementation report to the Commission.
.,, (2) The undertaking may submit objections to the Court of State at least 14 (fourteen) days after receiving notice of the verdict.
.,, (3) The offender who does not file a objection in the term as referred to in verse (2) is considered accepting the Commission ' s ruling.
., (4) If the provisions as referred to in paragraph (1) and paragraph (2) are not executed by the business offender, the Commission cees the ruling to the investigator to do the investigation in accordance with the provisions of the laws of the Valid.
.,, (5) The termination of the Commission as referred to in Article 43 of the paragraph (4) is a sufficient initial evidence for investigators to conduct the inquiry.
Section 45
.,, (1) the State Court must examine the objection of the alleged perpetrator as referred to in Article 44 of the paragraph (2), within a time of 14 (fourteen) days since the acceptance of the objection.
.,, (2) The State Court must provide a ruling within 30 (thirty) days since the commencement of the examination of such objections.
.,, (3) The party objecting to the Court of State ' s ruling as referred to in paragraph (2), within 14 (fourteen) days may apply for a cassation to the Supreme Court of the Republic of Indonesia.
.,, (4) The Supreme Court must give a ruling within 30 (thirty) days since the case of the cassation was accepted.
Section 46
.,, (1) If there is no objection, the Commission ' s ruling as referred to in Article 43 of the paragraph (3) has had a fixed legal force.
.,, (2) The termination of the Commission as referred to in paragraph (1) is asked for the designation of execution to the State Court.
BAB VIII
THE SANCTION
The First Part
Administrative Action
Section 47
.,, (1) The authorities are dropping sanctions on an administrative act against the perpetrators of an attempt that violated the provisions of this Act.
(2) The administrative actions as referred to in paragraph (1) may be:
.,
., a., a. the termination of the agreement referred to in Section 4 to Section 13, Section 15, and Section 16; and or
., b. command to the attempted perpetrator to stop vertical integration as referred to in Section 14; and or
.,, c. an order to the perpetrators of the attempt to stop activities that are proven to pose a monopoly practice and or lead to competition of unsanitary efforts and or harming the community; and or
., d. order to the attempted perpetrator to stop the abuse of the dominant position; and or
., e. assignment of cancellation of the merger or dissolution of the business entity and the takeover of shares as referred to in Article 28; and or
f. the repayment of the compensation payment; and or
., g. The imposition of fine-deposit fines is Rp 1,000.000.00 (a billion rupiah) and is about Rp 25,000.000.00 (twenty-five billion rupiah).
The Second Part
The Subject ' s Criminal
Section 48
., (1) The violation of the provisions of Article 4, Section 9 to Article 14, Article 16 to Article 19, Section 25, Article 27, and Article 28 are threatened with a criminal fine of the low Rp 25,000,000.00 (twenty-five billion rupiah) and The height is Rp 100.000.000.00 (a hundred billion rupiah), or a penal confinement replacement for an eternity of 6 (six) months.
., (2) The violation of the provisions of Article 5 to Article 8, Article 15, Article 20 to Article 24, and Article 26 of this Act is threatened by criminal fines of the low Rp 5,000,000.00 (five billion rupiah) and high-height Rp. 25,000.000.00 (twenty-five billion rupiah), or penal replacement of a fine for an eternity of 5 (five) months.
.,, (3) The violation of the provisions of Article 41 of this Act is threatened by criminal fines of low Rp 1,000.000.00 (one billion rupiah) and a high of Rp 5,000,000.00 (five billion rupiah), or penal confinement replacement penalty For ever, three (three) months.
The Third Part
Additional Criminal
Section 49
By designating the provisions of Article 10 of the Code of Criminal Law, against the criminal as provided in Article 48 may be subject to additional criminal charges:
a. effort revocation; or
., b. the prohibition on the perpetrator of the business who has been proven to have committed a violation of this law to hold the position of directors or commissary of at least two years and for ever 5 (five) years; or
.,, c. the termination of certain activities or actions that led to the onset of loss on the other side.
BAB IX
LAIN PROVISIONS
Section 50
Exempt from the provisions of this Act are:
., a., a. Conduct or use of the Program to be used for the purposes of this Agreement.
., b. agreements relating to rights to intellectual property such as licenses, patents, trademarks, copyrights, industrial product design, integrated electronic sets, and trade secrets, as well as agreements relating to the franchise; or
.,, c. technical standards pricing agreements of goods and services that do not curb and or hinder competition; or
., d. agreement in order to the agency whose contents do not contain provisions for resupply of goods and or services at a lower price than the price it has been promised; or
., e. a research cooperation agreement for improvement or improvement of the standard of living of the broad community; or
., f.
