Persinggungan Perbuatan Melawan Hukum dalam Konteks Persaingan Usaha dan Tindak Pidana Korupsi pada Kasus Persekongkolan Tender

Abstract

This study examines the intersection between law enforcement regarding bid rigging that violates competition law and corruption offenses, as well as the correlation among law enforcement agencies such as the KPPU, KPK, Indonesian National Police (Polri), and the Attorney General's Office (Kejaksaan RI) in handling such cases. This research addresses the following issues: How does the intersection between acts violating competition law in bid rigging and criminal acts qualifying as corruption offenses occur? How is the correlation between law enforcement by the KPPU regarding bid rigging cases indicating corruption and law enforcement by the KPK/Polri/Kejaksaan RI? What is the ideal concept of law enforcement against bid rigging indicating corruption by law enforcement agencies to create legal certainty? Normative legal research with an empirical approach. Prescriptive research nature. Legislative and comparative legal approach. Data sourced from secondary sources as primary legal materials, including but not limited to all relevant legislation related to competition law and corruption offenses. Additionally, decisions of the Commission for the Supervision of Business Competition (KPPU). Research findings: Firstly, the intersection between these two legal domains is complex, where effective law enforcement requires collaboration among various law enforcement agencies. Secondly, the correlation between the KPPU and other law enforcement agencies can occur through collaboration in investigations and prosecutions, as well as through monitoring and legal assistance among agencies. Thirdly, the ideal concept of law enforcement should be based on principles of justice, transparency, effectiveness, and legal certainty, involving active participation from the community and relevant stakeholders. It is hoped that by applying these concepts, law enforcement against bid rigging indicating corruption can become more effective and provide legal certainty for all involved parties.