PENGKAJIAN TERHADAP PERTIMBANGAN HUKUM KOMISI PENGAWAS PERSAINGAN USAHA (KPPU) DALAM PEMBUKTIAN KASUS DUGAAN KARTEL

Based on the Rule of Reason approach, the cartel is an agreement that is prohibited if it results in unfair business competition. This prohibition has been regulated in Article 11 of Law Number 5 of 1999. In fact, cases of unfair business competition often occur in Indonesia. In this case, the Business Competition Supervisory Commission has the authority to investigate the case. Most of the business actors make an unwritten agreement in an effort to eliminate evidence. Moreover, there are no regulations that prohibiting business actors from making an unwritten agreement, so it difficult for the Business Competition Supervisory Commission to find direct evidence, while the Business Competition Supervisory Commission has no the authority to search. Therefore, the writer does concern to conduct research on “Study of The Legal Considerations of The Business Competition Supervisory Commission in Proving Cartel Cases”. This research uses the normative method where the materials are taken from books, laws, decisions, magazine and internet. The results of this research are development of legal considerations by the business competition supervisory commission can be seen in the process to prove cartel cases that is on the past, the business competition supervisory commission can only prove the cartel using direct evidence, but now, the business competition supervisory commission can also using indirect evidence