Law No. 5 Year 1999 regarding to the Prohibition of Monopolistic Practices and Unfair Competition (‘Law No. 5 Year 1999”) has been enacted on 5 March 1999 and was enforced since 5 September 2000. The implementation of Law No. 5 Year 1999 is entrusted to and implemented by Komisi Pengawas Persaingan Usaha (“KPPU”/Supervisory Commision for Business Competition), that has already been established through Presidential Decree No. 75 Year 1999 about Komisi Pengawas Persaingan Usaha. By operation of law, the Commision is an independent institution and thus “free of the influence and power of the Government”.
Independent from the influence and control of the Government and other parties, the KPPU’s duties include drafting implementing regulations, conducting examinations of any party alleged to have violated Law No. 5 Year 1999, issuing binding decisions, and imposing legal sanction(s) on any violator of the law. According to the implementation of Law No. 5 Year 1999, therefore such regulation is a legal provision of all the business competition cases in Indonesia.
With regard to the statistic above, it shows that the highest amount of business competition case is in year of 2008 (48 cases) and the lowest amount of business competition case is in year of 2014 (6 cases). Total of cases in 10 (ten) years or in the period of year 2005-2014 is 212 (two hundred and twelve) cases. From the total 212 cases in 10 (ten) years, then the average in each year is 21 (twenty one) cases. The most cases in the such period is infringement to the Article 22 regarding Conspiracy of Law No. 5 Year 1999.
