EXTRATERRITORIALITY PRINCIPLE ON INDONESIA MERGER CONTROL REGULATION
Ria Setyawati, Alifa Nurin Sabrina
Law Faculty, Universitas Airlangga
Abstract
EXTRATERRITORIALITY PRINCIPLE ON INDONESIA MERGER CONTROL REGULATION Ria Setyawati Alifa Nurin Sabrina Universitas Airlangga Faculty of Law E-mail: ria.setyawati@fh.unair.ac.id, alifanurinsabrina@gmail.com Phone : 081233739420, 082234067016 ABSTRACT : The definition of business actors regulated in Law No.5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition only covers Business Actors who are established and domiciled or as long as carrying out their activities within Indonesian territory, this matter is considered to be too narrow and it actually becomes an obstacle in law enforcement of business competition in the event of anti-competitive practices carried out by business actors from outside the territory of Indonesia which has an impact on the Indonesian market and economy. One of the issues regarding the case of extraterritoriality contained delays in notification of the acquisition by Toray adavanced Materials Korea towards Wongjin Chemical to KPPU, but in this case KPPU is deemed not to have Extraterritorial authority in enforcing business competition law against two business actors domiciled outside the Indonesian jurisdiction. Therefore, it is necessary to apply the Extraterritoriality principle in the context of enforcing fair business competition law in Indonesia, one of them is an effort to supervise Mergers and Acquisitions. In this study the author will discuss the Application of the Extraterritoriality Principle to the enforcement of business competition law in supervision of acquisitions with normative juridical legal research methods. The approaches used in this legal research are the statue approach which refers to Law No. 5 of 1999 and other related regulations, conceptual approach and case approach by examining the case decision of KPPU No.17/KPPU-M/2015 which has been corroborated by the decision of the Supreme Court No.310K/Pdt.Sus-KPPU/2017.The results of this study indicate the application of extraterritoriality principle on business competition law enforcement in Indonesia by the Business Competition Supervisory Commission (KPPU) in the effort to supervise acquisitions.
Keywords: Extraterritoriality Principle; Business Competition Law Enforcement; Acquisition, merger
Topic: Trade and Business