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Business Supervisory Competition Commission

The Business Supervisory Competition Commission (Komisi Pengawas Persaingan Usaha-KPPU) is established by Act Number 5 Year 1999 on the Ban on Monopolistic Practice and Unfair Trade Practices (Anti Monopoly Law) as independent body to oversee the implementation of Anti Monopoly Law and answer to the President.

The commission have the authority to initiate investigation based on incoming complaint and/or its own initiatives against alleged action of business actors which violates Anti Monopoly Law. The Commission also have quasi-judicial nature where it can make decision over the results of the investigation. Further, the Commission’s decision shall have final and binding power (art 46 (1) Anti Monopoly Law) if not asked for review. The party can request the Commission’s decision to be reviewed by the District Court (art 44 (2) Anti Monopoly Law), and the review can be appealed to the Supreme Court (art 46 (3) Anti Monopoly Law).

Article 35 of Anti Monopoly Law sets the following duties to the Commission:

  1. conducting evaluations of contracts that might cause monopolistic practices and/or unfair business competition as regulated under Articles 5 through 16

  2. conducting evaluations of business activities and/or entrepreneurs’ behavior that might cause monopolistic practices and/or unfair business competition as regulated under Articles 17 through 24;

  3. conducting evaluations if there is any abuse or not in the dominant position that might cause monopolistic practices and/or unfair business competition as regulated under Articles 25 through 28;

  4. taking actions based on the authority of the Commission as regulated under Article 36; e. providing suggestions and consideration on Government policy related to monopolistic practices and/or business competition;

  5. set up guidelines and/or publication related to this Law;

  6. providing periodic report on the work results of the Commission to the President and the House of Representative.

The Commission also have the following authorities:

  1. receiving reports from the public and/or business actors concerning allegations of monopolistic practices and/or unfair business competition;

  2. conducting investigations on allegations of any business activity and/or actions by business actors that might cause monopolistic practices and/or unfair business competition;

  3. conducting investigations and/or examination on allegation cases of monopolistic practices and/or unfair business competition reported by the public or by business actors or based on the findings by the commission as a result of its investigation;

  4. concluding the results of the investigation and/or examination whether there is any monopolistic practices and/or unfair business competition or not;

  5. summoning business actors alleged to have violated the provisions in this law;

  6. summoning and bringing witnesses, expert witnesses and anybody considered knowing of any violation to the provisions in this law;

  7. requesting assistance from the investigators to bring the business actors, witness, expert witness or anybody as referred to under Paragraph e and f of this article, who are not willing to fulfill the summon by the Commission to appear;

  8. requesting information from the Government agency with regard to the investigation and/or examination of the business actors violating provisions in this law;

  9. obtaining, investigating and/or evaluating letters, documents, or other evidence for the purpose of investigation and/or examination;

  10. deciding and determining if there is any loss or not suffered by other business actors or the public;

  11. notifying the Commission’s decision to the business actors alleged of conducting monopolistic practices and/or unfair business competition; l. imposing and administrative sanction to the entrepreneurs violating provisions in this law.

Consumer Dispute Resolution Body

The Consumer Dispute Resolution Body (Badan Penyelesaian Sengketa Konsumen-BPSK) is a quasi-judicial body for consumer dispute sitting in city/regency all over-Indonesia as stipulated in Act Number 8 Year 1999 on Consumer Protection. The Body’s main task is to review consumer dispute outside the general court, on the basis of voluntary submission of the parties. The Body consist of representatives of state apparatus, consumer and business actors or principal appointed by Minister of Trade. In the course of handling the case, the Body shall have the authority to review the accuracy of the report and responses from the disputing parties, observe or request to review payment evidence, invoice lab test result or other evidences, the decision of the Body shall be final and binding for the parties.

The body shall handle and resolve consumer dispute, by way of mediation or arbitration or conciliation; providing consumer protection consultation, conduct supervision on the inclusion of standard clause; file report to the investigator for violation of Act Number 8 Year 1999 on Consumer Protection, receive written as well as unwritten complaint from consumer on the event of violation of the right of consumer, summon business actors suspected to commit violation on consumer protection, summons and make present witness, expert witness and/or anyone regarded as having knowledge on the violation of Act Number 8 Year 1999, request assistance from investigator to make present, business actors, witness, expert witness or anyone which refuse to comply with the summons served by the Body; to obtain, study and/or review any letter, document, or other evidences for the purpose of investigation and/or inquiry, decide and determine, the presence of loss at the consumer side; to notify the decision to the business actors violating the consumer protection; impose administrative sanction to business actors violating the Law;

The Body must decide on the matter no later than 21 working days after the claim is received; and in the period of no later 7 working days upon receiving the decision, the parties can file for objection to the District Court. The parties will be regarded as accepting the order if in 14 days upon receiving the order make no response at all. If the parties failed to comply with the order within 14 days upon receiving the order, the Body may file the order to the investigator, which may use them as initial sufficient evidence to commence investigation and request the District Court to issue write of execution over such order.

In the case of review by the District Court, the District court must issue their decision in maximum 21 days after receiving such request. The District Court decision can be appealed to the Supreme Court which must make its decision no later than 30 days upon receiving the request.

Public Information Commission

The Public Information Commission is independent agency mandated to oversee the implementation of Act Number 14 Year 2008 on Transparency of Public Information by way of issuing technical implementing regulation, and resolving public information dispute by way of mediation and non-litigation adjudication.

The commission is established in national and regional level. The national commission sits in the capital city and the regional commission sits in the capital of provinces and city/regencies. In the course of implementation of its duties, the commission shall have the following authorities, to summons and/or conduct meeting among the parties to the dispute; request the public body to produce notes or relevant materials related to the process to decide the dispute; to request explanation or to summons public official as well as all relevant parties as witness in the resolution of a public information dispute; to take oath of any witness being heard in non-litigation adjudication to resolve public information dispute; and establish code of ethic to be published to public to ensure public can review the performance of the commission.

The National Public Information Commission’s jurisdiction shall cover the authority to resolve public information dispute related to national public body and provincial public body and/or city/regency public body as long as the public information commission in such level has not been established.

The provincial Public Information Commission’s jurisdiction shall cover the authority resolve public information dispute related to relevant provincial public body and the jurisdiction of city/regency public information commission jurisdiction shall cover authority to resolve public information dispute over public body in the relevant city/regency.

Trade Mark Appeal Committee

The Trade Mark Appeal Committee is regulated under Government Regulation Number 7 Year 2005 and responsible to receive, examine and decide upon the appeal filed by the applicant over the rejection of Trademark Registration according to the substantive reasons as stipulated in Article 4, 5 or 6 of Trade Mark Law.

The committee sits under the Directorate General of Intellectual Property Ministry of Law and Human Rights.

In conducting examination, the Chairman of Appeal Commission shall establish a panel in odd number of commissioner, consist of at least 3 commissioners, one of them must be the Senior Examiner which has not involved in conducting substantive examination to the Trade Mark registration being rejected.

Patent Appeal Committee

Patent appeal Committee is tasked to receive, examine and decide upon appeal filed over the rejection to the application of patent, if under substantive examination reported by Examiner shown that Invention requested failed to meet provisions stipulated in article 2, 3,5, 6, 35, 52 (1), 52 (2) or exceptions under article 7 of Patent Law, or if the substantive examination shows that invention filed by applicant failed to meet provisions under article 36 (2) or (3) of Patent Law.

The committee sits under the Directorate General of Intellectual Property Ministry of Law and Human Rights.

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