Analisis Yuridis Pembuktian Pelanggaran Pasal 5 Undang-Undang Nomor 5 Tahun 1999 terhadap Pelaku Usaha Jasa Depo Peti Kemas Pelabuhan Panjang Lampung(Studi Putusan KPPU No. 20/KPPU-I/2023)

Abstract

Price fixing is a type of violation of competition law, as any form of price fixing agreement directly eliminates competition that should exist among companies in the market. Both hard and circumstantial evidence can be used to prove a price fixing agreement.

The focus of this research is proving violations of price fixing agreements under KPPU Decision No. 20/KPPU-I/2023. The purpose of this thesis is to understand the provisions regarding the prohibition of price fixing under Indonesian competition law, to understand the provisions regarding sanctions for unfair business competition under Indonesian competition law, and to understand the requirements for hard and circumstantial evidence in violations of Article 5 of Law Number 5 of 1999 against container depot service providers at Panjang Port, Lampung, based on KPPU Decision No. 20/KPPU-I/2023. The research method used in this thesis is descriptive normative legal research. It describes phenomena by collecting and presenting accurate data. This systematic approach allows the researcher to provide a clear and detailed picture of the research object and explore various aspects of KPPU Decision No. 20/KPPU-I/2023, to determine whether it complies with related laws and regulations. The data used is secondary data, consisting of primary, secondary, and tertiary legal materials. The data collection technique is a literature review, seeking references to support this research. Proving violations of Article 5 of Law Number 5 of 1999 concerning price-fixing agreements in KPPU Decision No. The Commission's decision in Case No. 20/KPPU-I/2023 complies with the provisions of proof, using direct evidence in the form of circular letter No. 007/ASDEKI-LPG/III/2022 from the Lampung ASDEKI Regional Executive Board (DPW), and supported by indirect evidence in the form of communication between the Reported Parties and ASDEKI management through internal ASDEKI meetings. The verdict rendered by the Commission Panel also complies with the provisions for imposing sanctions under Government Regulation No. 44 of 2021.