Authors : Sri Widiyastuti, Moch Najib Imanullah and Yudho Taruno Muryanto
Abstract: The development of information technology has resulted major changes in the form of business and its competition. Meanwhile, the principle of economic democracy has a different emphasis in its application to Law No. 5 of 1999 concerning prohibition of monopolistic practices and unfair business competition (Antimonopoly Law) with the 1945 Constitution of the Republic of Indonesia (UUD 1945) post amendment, so that, the law enforcement process cannot fulfill the sense of justice. This study discusses the principle of economic democracy which is an abstraction of the values of Pancasila and the 1945 Constitution which form the basis of the legal politics of the Indonesian economic system to answer legal issues concerning the relevance of the task rules and functions of the Business Competition Supervisory Commission (KPPU) with the business competition conditions of the digital economy age and how it applies to the context of the digital age. The research method used is doctrinal research that examines secondary data in the form of library materials covering primary, secondary and tertiary legal materials. The approach used is the legislative approach and the method of qualitative analysis with grammatical, systematic and theological interpretations. The results of the study show that the rules regarding the duties and functions of the Business Competition Supervisory Commission (KPPU) are irrelevant to be used as an instrument of prevention and enforcement of monopolistic practices and unfair business competition in the digital economy age, its caused they are not adjusted to the values of Pancasila and the 1945 Constitution. Economic democracy in accordance with current conditions of competition is a change in the principle and the objectives of the Antimonopoly Law in accordance with the emphasis of the principles of post-amendment economic democracy, along with the material on its body in the form of preventive and repressive rules based on the values of Pancasila and the 1945 Constitution.
Sri Widiyastuti, Moch Najib Imanullah and Yudho Taruno Muryanto, 2019. Economic Democracy in New Competition (A Study of Law No. 5 of 1999 Concerning Prohibition of Monopolistic Practices and Unfair Business Competition). Journal of Engineering and Applied Sciences, 14: 10033-10039.