This is an outdated version published on 2022-11-29. Read the most recent version.

ARE THE INTERESTS OF BUSINESS ACTORS AND CONSUMERS BALANCED IN THE INDONESIAN COMPETITION LAW?

Authors

  • Moch Zairul Alam Faculty of Law Universitas Brawijaya
  • Kukuh Tejomurti Faculty of Law, Universitas Sebelas Maret

DOI:

https://doi.org/10.28932/di.v14i1.5114

Keywords:

Competition Law, Efficiency, Justice

Abstract

This paper aims to provide a critical analysis to the relations between economic efficiency and justice as the objectives of business competition law in Indonesia within the framework of legal philosophy. Philosophical aspects explores view on equal opportunities for every citizen in their business behavior, relation between the principles of justice and efficiency considering that in the Law 5 of 1999 there is no any word “justice” mentioned. Several related schools of legal philosophy will use to analyse the problems, such as, Utilitarianism in dissecting the phrase "public interest and welfare", John Stuart Mill's theory of lliberty in examining "equal opportunities for citizens", The article uses the legal research by emphasising the critical analysis on economic efficiency and justice principles in Indonesian competition law and compare FTC. Article 3 of Law Number 5 of 1999 aims to improve economic efficiency as one of the efforts to improve people's welfare. From a philosophical point of view, people's welfare law is closely related to the "greatest benefit for the greatest people" (Jeremy Bentham). However, if we look at the interests between business actors and consumers, thiscondition can still be seen that the interest in efficiency still prioritizes the interests of business actors. Fulfilment of consumer justice is only placed as an "object" rather than a subject whose rights must be protected due to violations of business competition.

Downloads

Download data is not yet available.

References

Books

Adam Smith, The Wealth of Nations in Spain, New York: Routledge, 2022.

Andi Fahmi Lubis, et. al., Hukum Persaingan Usaha (Buku Teks), Jakarta: Komisi Pengawas Persaingan Usaha, 2017.

B Sufrin Jones, EU Competition Law, United Kingdom: Oxford University Press, 2011.

Chaehyeon Lee, et al., “Toward Detecting Illegal Transactions on Bitcoin Using Machine-Learning Methods,” International Conference on Blockchain and Trustworthy Systems, Singapore: Springer, 2019.

John Rawls, Justice as Fairness, London: Palgrave Macmillan, 1991.

John Sanghyun Lee, Strategies to Achieve a Binding International Agreement on Regulating Cartels, Singapore: Springer Nature Singapore, 2016.

Joseph Hamburger, John Stuart Mill on Liberty and Control, United Kingdom: Princeton University Press, 2001.

Rachmadi Usman, Hukum Persaingan Usaha di Indonesia, Jakarta: Sinar Grafika, 2013.

Ross Harrison, Jeremy Bentham, Oxford, UK: Blackwell Publishing Ltd, 2017.

Downloads

Published

2022-11-29

Versions

How to Cite

Zairul Alam, M., & Tejomurti, K. (2022). ARE THE INTERESTS OF BUSINESS ACTORS AND CONSUMERS BALANCED IN THE INDONESIAN COMPETITION LAW?. Dialogia Iuridica, 14(1), 095–123. https://doi.org/10.28932/di.v14i1.5114