REFORMULATION OF CARTEL CRIMINAL ACT IN INDONESIA
Journal Title: Academic Research International - Year 2018, Vol 9, Issue 4
Abstract
The cartel is a crime entity that is similar to theft but is more detrimental than robbery of property because of its loss to the public. In Indonesia, as a crime, the cartel has not been regulated seriously based on Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. This research focuses on reformulation of cartel criminal acts in Indonesia because there are various subjective and objective formulations that are unclear and ambiguous, for example the formulation of everyone's typing in general provisions with the substance of the formulation of articles that try to expand the scope, elements of error do not provide opportunities. The method used in this study is normative legal research using three approaches, those are statute approach, conceptual approach and comparative approach. This study yields the conclusion that the formulation of cartel actions is reformulated by expanding the scope of subjective elements, from business people to everyone; strengthen the formulation with intent, intentionally, dishonestly as an excuse for cartel criminal liability. Including affirming the relationship between actions, errors and accountability of legal entities (corporations). The lack of evidence of "unintentional" and "dishonest" elements based on the cartel's action formulation is the entrance to the supervision program (additional punishment) for cartel perpetrators.
Authors and Affiliations
Raja Mohamad Rozi, Sudarsono Sudarsono, Bambang Sugiri, Hanif Nur Widhiyanti
Keywords
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