CANCELLATION OF THE DECISION OF THE COMPETITION SUPERVISORY COMMISSION ON THE APPLICATION OF INDIRECT EVIDENCE IN BID RIGGING (Study of Decision Number 523K/Pdt.Sus-KPPU/2024)

Maudy Miranda, Elisatris Gultom, Deviana Yuanitasari

Abstract


The Supreme Court in Decision Number 523 K/Pdt.Sus-KPPU/2024 did not recognise the legal position of indirect evidence used by the Commission Panel, it appears that indirect evidence still contains legal uncertainty and controversy, due to the fact that indirect evidence is not explicitly mentioned in the Competition Law. This study will analyse the Application of Indirect Evidence in Vertical Tender Rigging Cases based on KPPU Decision Number 17/KPPU-L/2022 and Analysis of Decision Number 523 K/Pdt.Sus-KPPU/2024 related to the Cancellation of the Decision of the Business Competition Supervisory Commission on the basis of the Application of Indirect Evidence in Tender Rigging. The research method uses normative juridical with statutory and case approaches. The results showed that the Commission Panel in KPPU Decision Number 17/KPPU-L/2022 had applied indirect evidence in the form of communication evidence and was supported by the plus factor. In addition, there is a mistake in Decision Number 523 K/Pdt.Sus-KPPU/2024 related to the Cancellation of the Decision of the Business Competition Supervisory Commission on the basis of the Application of Indirect Evidence in Tender Rigging which does not refer at all to the explanation of indirect evidence in KPPU Chairman Regulation Number 3 of 2023, even though the regulation contains various additional explanations related to indirect evidence that have not been regulated in the Perkom on case handling procedures, for example regarding the existence of structural evidence and behavioural evidence, suspicious tender bidding patterns as behavioural evidence, or facilitating practices.

Keywords


Circumstantial Evidence, Vertical Tender Rigging, Cancellation of KPPU Decision

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DOI: https://doi.org/10.24815/sklj.v9i1.45632

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