Title: Creating an appropriate legal procedure in handling unfair competition under Indonesian job creation regime

Authors: Ismail Rumadan

Addresses: Indonesia National Research and Innovation Agency, Jend. Gatot Subroto Street No.10, West Kuningan, Mampang Prapatan, South Jakarta City, Jakarta 12710, Indonesia; Faculty of Law, Universitas National Jakarta Sawo Manila Street, Pejaten Ps. Minggu, South Jakarta 12520, Indonesia

Abstract: In order to execute antitrust and unfair competition rules inside Indonesia's employment creation system, procedural legislation must be carefully crafted. Changes to Indonesia's unfair business competition legal framework as part of the job development legal framework make this vital. Many difficult situations have arisen since the Business Competition Supervisory Commission (KPPU)'s decisions are only reviewed by the commercial court. Instead of the public nature of unfair business competition trials, commercial court judges focus on formality and decorum. Civil and criminal procedural law merged under the commercial court's jurisdiction will impact legal certainty for the choice of procedural law instruments employed in law enforcement. These techniques affect corporate competition enforcement's goals of legal certainty and fairness. A normative legal framework, analytical, and conceptual perspectives are then applied to the topic. Investigations used primary and secondary data. This paper seeks to theoretically establish the optimal procedural law model for commercial court formal procedures. This idea intends to improve legal enforcement against unfair economic competition and give business players legal certainty.

Keywords: commercial court; procedure law; unfair competition.

DOI: 10.1504/IJPLAP.2025.145282

International Journal of Public Law and Policy, 2025 Vol.11 No.2, pp.145 - 160

Received: 06 Oct 2022
Accepted: 16 Nov 2022
Published online: 31 Mar 2025 *

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