Analisis Peran Jaksa Pengacara Negara dalam Eksekusi Denda Atas Pelanggaran Hukum Persaingan Usaha di Indonesia (Studi Putusan Komisi Pengawas Persaingan Usaha Nomor : 10/KPPU-I/2015)

Abstract

Execution of fine for the violation of law on business competition with administrative sanction imposed by KPPU (Supervisory Committee of Business Competition) upon business people who violate Law No. 5/1999 is not adequately optimal; it is known by the MOU (Memorandum of Understanding) between KPPU and the Indonesian Attorney as the law enforcement. Coordination is carried out in order to ask the Indonesian Attorney to execute fine which has been difficult to do by KPPU. Boult to do by KPP ERS The research uses normative method, supported by empirical data by studying the applicable regulations and the reality which exists in society. The data are analyzed by using descriptive analytic approach. Law No. 5/1999 does not clearly regulate the implementation of executing fine so that KPPU does it only persuasively. Consequently, the performance of KPPU in carrying out the execution is not optimal. MOU between KPPU and the Indonesian Attorney about coordination in accomplishing their task and function becomes the reason for KPPU to ask legal aid concerning execution of fine on illegal offense in business competition since the suspected has not paid the fine according to Article 30, paragraph 2 of Law No. 11/2021 on the Amendment of Law No. 16/2004 on Attorney, and Article 13, paragraph 2 of PP No. 44/2021 on the Implementation of Prohibition to Practice Monopoly and Unhealthy Business Competition. Since the MOU was signed, there has been the increase in the accomplishment of fine collection. One of the successful attempts made by KPPU in its fine collection is by coordinating with the Attorney in the Ruling No. 10/KPPU-1/2015 on Allegedly Violating Article 11 and Article 19, point e of Law No. 5/1999 on Prohibition to Practice Monopoly and Unhealthy Business Competition in Imported Buffalo Trade in Jakarta, Bogor, Depok, Tangerang, and Bekasi (JABODETABEK).