Aspek Hukum dalam Pembuktian Tindak Pidana Korporasi Terkait Kartel dan Monopoli di Indonesia

Abstract

This research discusses the legal aspects of proving corporate criminal acts related to cartel and monopoly practices in Indonesia. Violations of fair competition by corporations demonstrate that business actors not only breach administrative norms but may also commit criminal acts that harm the public interest. Proving corporate involvement in such cases presents unique challenges due to complex organizational structures and the covert nature of business agreements. The purpose of this study is to analyze the regulation of evidence concerning corporate violations in cartel and monopoly cases under Indonesian law, to assess the legal strength of evidence used by the Indonesian Competition Commission (KPPU), and to examine the potential application of criminal law to corporations proven to engage in cartel and monopoly practices. This research employs a normative juridical method with a descriptive-analytical approach, supported by secondary data such as statutory regulations, literature, and KPPU decisions related to the cooking oil cartel case. The analysis focuses on the synchronization between Law Number 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition, the Indonesian Criminal Code (KUHP), and Supreme Court Regulation Number 13 of 2016 on the Handling of Corporate Criminal Cases. The findings indicate that evidence in competition law cases requires a combination of direct evidence and indirect evidence. Although direct evidence holds strong probative value, in practice, KPPU often relies on indirect evidence through price pattern analysis and market behavior. From a criminal law perspective, a corporation may be held criminally liable if the act is committed by, for, or on behalf of the corporation and provides benefits to it. Therefore, there is an urgent need to strengthen the synergy between competition law and criminal law to achieve more effective enforcement of corporate criminal liability in Indonesia.