THE JURIDICAL APPROACH IN INDONESIA COMPETITION LAW

Abstract

Implementation of juridical approach which is per se illegal or rule of reason is not easy to
apply in cases of business competition. It can be seen from the violation case of article 27 of
Law No. 5 of 1999 regarding the case of Cinema 21 which was decided using the Perse Illegal
approach. However, in the same case concerning the cross ownership of the Temasek Group
case, the Business Competition Supervisory Commission decides to use the Rule of Reason
approach. In order to avoid uncertainty arising from the differences in the use of juridical
approach, then this study reviews the juridical accuracy towards the cross ownership in the
legal perspective of business competition. After analyzing several aspect considerations, it
could be concluded that the Rule of reason approach was more accurate to apply because it
could prove the fulfillment of the elements in article 27.