USE OF INDIRECT EVIDENCE BY THE COMMISSION IN THE PROCESS OF PROVING THE ALLEGED CARTEL PRACTICES (STUDIES IN BUSINESS COMPETITION SUPERVISORY COMMISSION)

Abstract

For this thesis a raised the issue of the use of indirect evidence by the commission in the process of verifiable cartel practice in indonesia. The theme is derived from the issue of who declared that the commission in practice may use of evidence. The evidence this is no direct evidence. Differences in laws at least evidence of this program make a keen to write this problem.

Then write a piece of writing is using an empirical method in sociology or juridical law. A writer who uses a obtained from the business competition supervisory commission either directly or indirectly. The data of interviews, journal of law, a periodical that is published by the commission. The data and analysis by the use of a descriptive qualitative analysis.

The use of Iindirect evidence an indirect verifiable and the proof to the legal system in Indonesia can be used as an instrument of evidence. His place as an additional evidence. Commission should receive the other evidence for processing problem to be a conclusion at the end of the alleged violations or not the act no. 5/1999. Indirect evidence cannot be used as the evidence in the investigation done by the commission. The use of indirect evidence has supported by the supreme court.

The evidence by the commission as an indirect evidence an early indicator of a cartel that is by using the method of economic analysis. Economic analysis in some cases used as evidence that no known beginning " cartel practice. The analysis of this economic analysis by the use of the structural factors and behavior.