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.