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Today’s Legal Enlightenment (Friday, 7 July 2023)

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CASSATION REGARDING THE DECISION OF THE BUSINESS COMPETITION SUPERVISORY COMMISSION IS FINAL AND THERE IS NO REVIEW LEGAL REMEDIES

The Supreme Court considers that based on Article 15 of Supreme Court Regulation Number 3 of 2019 concerning Procedures for Submitting Objections Against Decisions of the Business Competition Supervisory Commission states that “Regarding the decision on objections to the Reported Party and/or KPPU can only submit an appeal to the Supreme Court as a final legal remedy”.

This provision has been re-arranged in Article 16 paragraph (2) of Supreme Court Regulation Number 3 of 2021 concerning Procedures for Submitting and Examining Objections to Decisions of the Business Competition Supervisory Commission which regulates the same thing that “Efforts to cassation are final and cannot be reviewed reconsideration”, then there is no judicial review against the decision that has permanent legal force in the case of objection to the decision of the Business Competition Supervisory Commission.

–> Supreme Court Decision No. 58 PK/Pdt.Sus-KPPU/2022 dated 14 December 2022.

Source: https://putusan3.mahkamahagung.go.id/direktori/putusan/zaed96354b88fd82b548313430353136.html.

Best Regards,
Fredrik J. Pinakunary


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