Analisis Pelanggaran Pasal 23 Undang-Undang Nomor 5 Tahun 1999 Terkait Persekongkolan Untuk Mendapatkan Rahasia Perusahaan PT Chiyoda Kogyo Indonesia (Studi Putusan KPPU Nomor 08/KPPU-L/2024)

Abstract

Provisions regarding Company Secrets are not explicitly regulated in Law No.5/1999. Article 23 Law no. 5/1999 only states the prohibition on conspiring to obtain company secrets without containing the definition and limitations of the concept of company secrets from a business competition perspective. Company Secrets are in sync with Law no. 30/2000 concerning Trade Secrets which regulates provisions regarding the definition, scope and resolution of Trade Secret disputes properly and comprehensively. So far, there have only been three cases of violations of Article 23 of the Law. No. 5/1999 which has been decided by KPPU, including KPPU Decision No. 19/KPPU-L/2007 concerning EMI, confirmed by the Supreme Court in Decision No. 158 K/Pdt.Sus/2009, KPPU Decision No. 35/KPPU-I/2010 concerning the Donggi-Senoro Project Beauty Contest Process, was canceled by the Supreme Court in Decision No. 305 K/Pdt.Sus/2012 and KPPU Decision No. 08/KPPU- L/2024 regarding conspiracy to obtain company secrets of PT Chiyoda Kogyo Indonesia. The analysis of the three decisions in this thesis shows that the KPPU is still unclear in deciding a case of violation of Company Secrets due to the lack of clarity in the provisions regarding Company Secrets in Law no. 5/1999 and the lack of jurisprudence regarding violations of Article 23 of Law no. 5/1999. So the author suggests revising Law No. 5/1999, especially Article 23 of Law No. 5/1999 containing provisions that clearly regulate the definition and limitations of the concept of Company Secrets and recommending the KPPU to immediately issue Guidelines for Article 23 of Law no. 5/1999.