PERANAN KOMISI PENGAWAS PERSAINGAN USAHA (KPPU) DALAM MENANGGULANGI PERSAINGAN USAHA TENTANG PENETAPAN TARIF SMS OFF-NET (Perkara Nomor: 26/KPPU-L/2007)

In a world of business, Indonesia has an independent organization which has a function to watch and control the fair/unfair practices, to create a healthy competitive business in Indonesia, and to make sure that every business man never do something that could harm other people business. This organization called KPPU (Komisi Pengawas Persaingan Usaha). Even if this organization has a duty to watch and manage a competitive in bussines world, but in fact there’s still a few cases that show the unfair trade practices. For example, the case of some provider who established the SMS off-net fare that evidently has violent Article number 5 of 1999 Number 5 Act. This research has been done in order to know the range of the authorization from KPPU to solve this kind of unfair trade practices form. After analyze this problem, the result of this research is KPPU as the organization who has the authority to control the fair/unfair trade practices has well-done finish its duty like how its ordered from the Act. We can see it through its work, start from receiving and analyze the report, until its decide to give a punishment to the provider who evidently violent the rule. For the record, KPPU only has the authorization only to give a punishment, but not to watch and control the punishment itself. Through this case and the research inside, the writer hope that in the future, may the KPPU could finish its work to control the fair/unfair trade practices in Indonesia, so this kind of violent won’t happen again