Toward Wellbeing with Law Enforcement Based on Rationality and Causality

Idris, Zulherman and Erlina, Erlina (2019) Toward Wellbeing with Law Enforcement Based on Rationality and Causality. International Journal of Innovation, Creativity and Change (IJICC), 10 (2). pp. 169-178. ISSN 2201-1323

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Abstract

Properly understanding business competition law as a product of business law is certainly not easy and will always intersect with an atmosphere of mysticism and/or the purpose of its enactment (philosophical), the legal norms arranged in it (juridical), and the support and challenges of its implementation (sociological). Factors prove that the era of the enactment of Law No. 5 of 1999 is an important moment and a bold step toward a new era and a breaking of the past culture, which was a nepotistic field for the growth of an unhealthy monopolistic culture. This new law has changed the situation towards an open market, which provides a place for every business actor to exist in the market. Of course, this leads to a healthy market that is based on efficiency and innovation, and it provides benefits to every party (business-community/consumer). In other words, every business actor can carry out business activities of goods and/or services exchange to the maximum possible extent and in a culture of fair business competition. The consumer society has the freedom to obtain products and/or services at a competitive quality and price, which will in turn achieve prosperity. This is a hope for the enactment of this regulation. In order to achieve this expectation, the legislators have mandated the supervision and evaluation of violations of the law at the first level of the KPPU with measurable and logical error assessments. Because the basis of this error assessment is directed at business behaviour and not the market system, this means that this action is intentionally done and should have been avoided by applying the Per se Illegal approach and the Rule of Reason. In this approach, the legal certainty of a "market structure" issue can be measured. On the other hand, violations of a causal nature will be seen in the assessment and considered using a case situation approach, which is oriented to any resulting consequences that are considered to hamper competition. This consideration allows for interpretation of the "rules" and "markets" (Rule of Reasoning).

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