JURIDICAL ANALYSIS OF CHANGES IN THE IMPOSITION OF FINES FOR BUSINESS COMPETITION VIOLATIONS

Abstract

The principle of proportionality in the determination of fines is an important aspect in assessing fair and effective sanction policies. In the international system, proportionality is often associated with market impact and the capacity of business actors. In Indonesia, with the enactment of KPPU Regulation Number 2 of 2021, there is an opportunity to evaluate the extent to which this proportionality is applied in calculating the amount of fines against violators. This research uses a doctrinal method with a conceptual and statutory approach. The purpose of this study is to determine the motives for changes in the regulation of the imposition of fines in business competition violations in Indonesia and to see its comparison with other countries. The results show that the regulation of the imposition of fines currently in force has an impact on the technical accuracy of estimates of business strategies for business actors. The strategy in question is that in accordance with the Commission's objective to provide an understanding of the compliance program in fair business competition to business actors who commit violations or have the potential to commit violations. This study concludes that the regulation of fines against business actors embodies aspects of legal certainty and expediency. The conclusion of the study also shows that further arrangements need to be made regarding the details of the method of calculating fines against business actors. This regulation is needed to provide transparency for the realization of legal justice