Disgorgement in Indonesian Competition Law: A Comparative Approach Following the Job Creation Law Enactment

DOI

10.2991/978-2-494069-49-7_79How to use a DOI?

Keywords

Disgorgement; Sanction; Unfair Competition

Abstract

On November 2, 2020, the Indonesian Government enacted Law No. 11 the Year 2020 on the Job Creation Law. This Job Creation Law amend article 47 of Law No. 5 the Year 1999 on the Anti-Monopoly and Unfair Competition concerning administrative sanction to the violator of the unfair competition law, which among others is fine. On February 2, 2021, the Government issued Government Regulation No. 44 the Year 2021 on the Execution of Anti-Monopoly and Unfair Competition. One of the ideas for the order of the fine is by using an “illegal profit” scheme. Some countries like China, Turkey, Croatia, and Spain are also familiar with an almost-nearly relevant “disgorgement.” This study aims to discuss disgorgement regulation in the competition law in Indonesia and some other countries. This research is normative and comparative. The data in this research is secondary data consisting of primary, secondary, and tertiary legal sources. The data collection method was carried out through a document study. All qualitative data were analysed descriptively to conclude deductively. This study concludes that disgorgement in several countries has a different concept. Disgorgement is the imposition of sanctions to return several benefits obtained from violating a legal rule –in the context of this research is the Law of anti-unfair business competition. In Indonesia, the concept of disgorgement has been applicable in the new imposition of the administrative-fine method under Government Regulation No. 44 the Year 2021 concerning the Execution of Anti-Monopoly and Unfair Competition. Disgorgement is a new concept known in Indonesia that aims more at recovery than creating a deterrent effect.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Uni Tsulasi Putri
AU  - Vina Damayanti
PY  - 2022
DA  - 2022/12/29
TI  - Disgorgement in Indonesian Competition Law: A Comparative Approach Following the Job Creation Law Enactment
BT  - Proceedings of the 3rd Borobudur International Symposium on Humanities and Social Science 2021 (BIS-HSS 2021)
PB  - Atlantis Press
SP  - 474
EP  - 479
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-49-7_79
DO  - 10.2991/978-2-494069-49-7_79
ID  - Putri2022
ER  -