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HEAD OF THE SUPREME COURT

OF THE REPUBLIC OF INDONESIA

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REGULATION OF THE SUPREME COURT
OF THE REPUBLIC OF INDONESIA
NUMBER: 03 YEAR 2005
CONCERNING
THE PROCEDURES FOR FILING OBJECTIONS
TO THE DECISIONS OF KPPU (COMMISSION FOR THE SUPERVISION

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OF BUSINESS COMPETITION)

Considering : a. whereas since the Regulation of the

Supreme Court Number 1 Year 2003 is
insufficient to accommodate the developing
issues on the case-handling of objections to

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the Decisions of KPPU;
b. whereas for uninterrupted examination of
objections to the decisions of KPPU, the
Supreme Court deems necessary to set
forth the procedures for filing an objection to
the decision of KPPU with the Regulation of
the Supreme Court;
c. whereas for that purpose, it is necessary to
issue the Regulation of the Supreme Court.

In view of : 1. Article 24 paragraph (2) of the 1945

Constitution as amended and
supplemented, with the Fourth Amendment
Year 2002;
2. Revised Indonesia Regulation (HIR)
Staatsblad Number 44 Year 1941 and Civil
Code for the Regions outside Java and
Madura (RBg), Staatsblad Number 227
Year 1927;
3. Law Number 14 Year 1985 as amended
with Law Number 5 Year 2004 concerning
the Amendment to Law Number 14 Year
1985 regarding the Supreme Court;
4. Law Number 2 Year 1986 as amended with
Law Number 8 Year 2004 concerning the
Amendment to Law Number 2 Year 1986
concerning Public Judicature;

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 5. Law No 5 Year 1986 as amended with Law
Number 9 Year 2004 concerning the

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Amendment to Law Number 5 Year 1986
concerning the State Administrative Court;
6. Law Number 5 Year 1999 concerning the
Prohibition of Monopolistic Practices and
Unfair Business Competition;
7. Law Number 4 Year 2004 concerning
Judicial Power;

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HAS DECIDED

To stipulate : THE REGULATION OF THE SUPREME COURT

OF THE REPUBLIC OF INDONESIA
REGARDING THE PROCEDURES FOR FILING
OBJECTIONS TO THE DECISIONS OF KPPU

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(COMMISSION FOR THE SUPERVISION OF
BUSINESS COMPETITION)

CHAPTER I
DEFINITION

Article 1

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In this Regulation of the Supreme Court, referred to as:
1. Objection shall be a legal action for Business Actors in protesting a
decision of KPPU;
2. KPPU shall be the Commission for the Supervision of Business
Competition as intended in Law Number 5 Year 1999 concerning the
Prohibition of Monopolistic Practices and Unfair Business Competition;
3. Supplementary examination shall be the examination conducted by
KPPU with respect to the order of the Panel of Judges handling the
objection;
4. Days shall be business days.

Article 2

1. An Objection to the Decision of KPPU shall only be filed by the

Reported Business Actor to the District Court at the legal business
domicile of the foregoing Business Actor;
2. An Objection to the Decision of KPPU shall be examined and decided
upon by the Panel of Judges;
3. In the event that an objection is filed, KPPU shall constitute a Party.

Article 3

The Decision or Stipulation of KPPU regarding the violations of the Law on

Prohibition of Monopolistic Practices and Unfair Business Competition shall
exclude the State Administrative Decision as intended in Law Number 5 Year

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1986 as amended with Law Number 9 Year 2004 concerning the Amendment
to Law Number 5 Year 1986 concerning the State Administrative Court.

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CHAPTER II
PROCEDURES FOR FILING OBJECTIONS TO
THE DECISIONS OF KPPU

Article 4

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(1) An Objection shall be filed within the period of 14 (fourteen) days after
the Business Actor receiving the notification of the decision of KPPU
and or its announcement on KPPU’s website;
(2) An Objection filed through the registrar office of the concerned District
Court shall follow the procedures for the registration of civil cases by
submitting a copy of the objection to the KPPU;
(3) In the event that the objection to the same decision of KPPU is filed by

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more than 1 (one) Business Actor with the same legal domicile, the
case must be registered with the same number;
(4) In the event that the objection to the same decision of KPPU is filed by
more than 1 (one) Business Actor with different legal domiciles, the
KPPU may file a written petition to the Supreme Court to appoint one of
the District Courts along with a recommendation as to which Court will
examine the Objection;

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(5) KPPU shall forward the carbon copies of the petition as intended in
paragraph (4) to all the Heads of District Courts receiving the appeal
request;
(6) The District Court receiving the aforementioned carbon copies must
cease the examination, pending the appointment of the Supreme
Court;
(7) After receiving the request as intended in paragraph (4), the Supreme
Court shall appoint a District Court to examine the Objection within 14
(fourteen) days;
(8) Within 7 (seven) days after receiving a notification from the Supreme
Court, the District Court that is not appointed must deliver the case files
along with the (remaining) case fees to the District Court appointed.

CHAPTER III
PROCEDURES FOR OBJECTION EXAMINATION

Article 5

(1) After receiving the Objection, the Head of District Court shall
immediately appoint the Panel of Judges to which extent possible
comprising Judges having sufficient knowledge in the field of business
competition law;
(2) In the event that a Business Actor files an Objection, KPPU shall be
obliged to submit the decision and the case files to the District Court
examining the objection case on the first day of trial;
(3) An examination shall be conducted without mediation process;

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(4) An examination of the objection shall only be conducted based on the
decision of KPPU and the case file as intended in paragraph (2);

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(5) The Panel of Judges must pass a decision within 30 (thirty) days as of
the commencement of the foregoing objection examination;
(6) If the event as intended in Article 4 paragraph (4) occurs, the period of
examination shall be calculated again in view of the Panel of Judges
receiving the case files delivered by another District Court that is not
appointed by the Supreme Court.

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CHAPTER IV
SUPPLEMENTARY EXAMINATION

Article 6

(1) In the event that the Panel of Judges is of the opinion that it is
necessary to conduct a supplementary examination, KPPU shall be

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given an order to conduct a supplementary examination through
interlocutory injunction;
(2) The order as intended in paragraph (1) shall contain matters to be
examined along with the specific reasons and the required period of
supplementary examination;
(3) In the event that the case is returned as intended in paragraph (1), the
remaining period of objection examination shall be postponed;

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(4) By taking into account the remaining period of time as intended in
paragraph (3), further hearing on the objection examination must begin
by no later than 7 (seven) days as of KPPU delivering the
supplementary examination files.

CHAPTER V
EXECUTION OF THE DECISION

Article 7

(1) The request for the stipulation of the execution of the decision that has
been examined through objection procedures shall be filed by KPPU to
the District Court deciding on the objection case concerned;
(2) The request for the stipulation of the execution of the decision, to which
no objection has been filed, shall be filed to the District Court at the
legal domicile of the Business Actor.

CHAPTER VI
CLOSING PROVISIONS

Article 8

Except otherwise stipulated in this Regulation of the Supreme Court, the

applicable Civil Code shall also be applicable to the District Court.

Article 9

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With the coming into effect of this Regulation of the Supreme Court, the
Regulation of the Supreme Court Number 1 Year 2003 shall be invalid.

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Article 10

This Regulation of the Supreme Court shall come into effect as of the date of
stipulation.

Stipulated: in Jakarta

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On : July 18, 2005

HEAD OF SUPREME COURT OF

THE REPUBLIC OF INDONESIA

signed

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BAGIR MANAN

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