This reseach namely the effectiveness of the assembly of the business competition
supervisory commision’s role in handling cartel cases related to antitrust and
unfair competition policy is normative research. The intend of this research is to
perceive yet to analyzing the effectiveness of the assembly of the business
competition supervisory commision’s role in handling cartel cases related to
antitrust and unfair competition policy, and to perceive and analyzing the legal
reasoning about the exclusion of rummage and confiscation in statute no. 5 /1999
about antitrust law and unfair competition and the assembly of the business
competition supervisory commision’s regulation no. 1/2010 about procedures for
cases handling.
This reseach using historical law approach, the legal materials using the primary
legal materials such as [UUD 1945], regulations, the President’s verdict and
commision’s regulation and the secondary legal materials such as books, journals,
the competitions magazines and the treatise of formation a statute no 5/1999 as
well as articles related to researches.
The conclusion of this reseach indicate that in doing the duty to constitute the
statue no. 5 /1999 about antitrust law and unfair competition, the assembly of the
business competition supervisory commision could not undartake it effectively
because does’nt have the authority of rummage and confiscation. Furthermore, the
assembly of the business competition supervisory commision still constrained
with the privacy tendency in assesing wheter the company are violate the statue
no. 5 /1999 about antitrust law and unfair competition.