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VOL. 10, ISSUE 2 (2024)
Analysis of the authority of the kppu regarding administrative fine sanctions may apply for bankruptcy
Authors
Guntur Ramadhani
Abstract
Making efforts following the provisions of
statutory regulations is one of the legal steps that can be taken by KPPU to
ensure the effectiveness of the implementation of decisions that have permanent
legal force regarding the execution of administrative fines based on Article
107 of KPPU Regulation Number 2 of 2023 which can be interpreted as an effort
bankruptcy petition to business actors in the bankruptcy law. The purpose of
this research is to analyze the authority of the KPPU in carrying out efforts
following the provisions of the law regarding the execution of administrative
fines with bankruptcy applications in terms of bankruptcy law. This
juridical-normative research uses a legislative approach, with techniques for
searching legal materials through literature studies and legal materials
techniques analysis using systematic interpretation methods. Based on the results of the
discussion in this research, Article 107 paragraph (2) Letter e of Commission
Regulation Number 2 of 2023 can be interpreted as an attempt to apply for
bankruptcy, however the Commission Regulation only serves as a guideline and/or
publication relating to Law Number 5 of 1999. Based on the previous sentence,
the authority to collect administrative fines by the KPPU then can not be imperatively
applied to business actors because it is a guideline for the KPPU only. The
KPPU can use Article 1377 of the Civil Code in conjunction with Article 13
paragraph (1) of Government Regulation Number 44 of 2021 regarding the
Implementation of Prohibitions on Monopoly Practices and Unfair Business
Competition as the legal basis for the KPPU to request Bankruptcy of Business
Actors who do not implement Commission Decisions which have permanent legal
force. Bankruptcy applications for business actors are an adequate legal remedy
in collecting administrative fines. It is necessary for the KPPU to be given
the authority to collect administrative penalties through a bankruptcy
mechanism by revising and adding the KPPU as one of the parties that can
request bankruptcy in the bankruptcy law.
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Pages:121-127
How to cite this article:
Guntur Ramadhani "Analysis of the authority of the kppu regarding administrative fine sanctions may apply for bankruptcy". International Journal of Law, Vol 10, Issue 2, 2024, Pages 121-127
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