Relaxation of business competition law enforcement and its existence in the Indonesian business competition law system

Abstract

The Covid-19 pandemic has forced every country in the world to make adjustments policy to support the acceleration of the recovery process in the economic sector. In the Indonesian context, the policy in adjustment is in the form of Relaxing of Competition Law Enforcement on business competition as regulated in KPPU Regulation Number 3 of 2020. Hence, several problems arise considering that KPPU has never had a precedent before in issuing the relaxation policy, and it is not regulated in Law No. 5 of 1999. Therefore, the relaxation of business competition law enforcement will raise legality issues. This article aims to provide legal considerations on how the relaxation of business competition law enforcement should be regulated in KPPU Regulation Number 3 of 2020 according to the provisions of higher laws and regulations and legal principles and legal concepts in business competition law in Indonesia. This study uses a normative legal research method that focuses on norms, legal principles/principles, and legal concepts that are analyzed based on established legal issues. This research approach is legislation and a conceptual approach. The legal materials used are primary legal materials and secondary legal materials. The main finding of this research is the existence of KPPU Regulation Number 3 of 2020 as the basis for relaxation of law enforcement which is not legally recognized in Law Number 5 of 1999. However, based on an emergency and public interest, this can be done without ignoring the existence of business competition law enforcement in general. The results of this study have implications for the emergence of exceptions in specific sectors in the context of business competition law enforcement as a result of the Covid-19 Pandemic in Indonesia. © 2023 Author(s).