TANTANGAN PEMBUKTIAN BID ROTATION DALAM PERSEKONGKOLAN TENDER DI INDONESIA (STUDI KOMPARASI HUKUM NEGARA INDONESIA DAN JEPANG)

Abstrak

Indonesia regulates corporate competition law through the Act No. 5 of 1999 on the Prohibition of Monopoly Practices and Unhealthy Competition to create a healthy business climate for entrepreneurs. Indonesia belongs as a new country to have laws on corporate competition. There are other countries that have much earlier regulations on corporate competition law and are continuing to update those regulations. Japan has regulated corporate competition through the Act Concerning Prohibition of Private Monopoly and Maintenance of Fair Trade (Act No.54 of April 14, 1947/ The Antimonopoly Act) since 1947. The Japanese legislation continues to undergo amendments that Indonesia can observe in order to carry out legal comparisons related to bidding rotation regulations. The Act No. 5 of 1999 authorizes the Competition Supervisory Commission of Enterprises (KPPU) to monitor and punish entrepreneurs who conduct tender mergers, including tender participants who rotated bids, while the Japanese authorized the Japan Fair Trade Commission (JTFC) to supervise and penalize entrepreneures who violate these provisions. The regulation on bid rotation in Act No. 5 of 1999 and the Antimonopoly Act (AMA) have something in common that prohibits conciliation of tenders in the competition of enterprises. However, the two laws must also have differences in terms of authority and supervisory mechanisms for entrepreneurs between KPPU and JTFC.