Implikasi Upaya Hukum Keberatan Terhadap Putusan Komisi Pengawas Persaingan Usaha (KPPU) Dalam Kaidah Peradilan Bersifat Khusus Pengadilan Niaga Studi Kasus Putusan PN JAKARTA PUSAT Nomor 4/Pdt.Sus-KPPU/2024/PN Jkt.Pst

Abstract

The decision of the Business Competition Supervisory Commission (KPPU), as a quasi-judicial body, holds significant legal authority in enforcing the principles of fair business competition. However, business actors are granted legal recourse to file an objection against such decisions through the Commercial Court, as regulated under Article 44 of Law No. 5 of 1999. This objection mechanism presents its own legal dynamics, directly impacting the principles of legal certainty and substantive justice for business actors. This article critically examines how the process of resolving objections to KPPU decisions by the Commercial Court affects the protection of business actors' rights, particularly in the context of legal safeguards against potential abuse of authority, ambiguous interpretation of norms, and the differing characteristics of administrative and civil law within the adjudication process. The dualistic nature of institutions and legal approaches employed by the Commercial Court may give rise to legal uncertainty, especially concerning the substantive aspects of decisions that often fail to adequately address the economic dimensions of competition. Moreover, the strict deadlines for filing objections and the rigorous evidentiary requirements may hinder access to justice for well-intentioned business actors. On the other hand, the availability of this legal remedy remains significantly important as a form of judicial oversight over KPPU decisions, which are binding and carry both administrative and reputational sanctions for the business community.Keywords : Objection to KPPU Decision,Commercial Court, Legal Certainty and Protection of Business Actors.