Legal Protection against Whistleblowers in Business Competition Procedure Law in the Business Competition Supervisory Commission of the Republic of Indonesia

A whistleblower is an individual who voluntarily reveals alleged violations of law or ethics in an institution, including violations of the principles of fair business competition. In the context of enforcing competition law in Indonesia, the role of whistleblowers is very important to uncover anti-competitive practices, such as cartels, abuse of dominant position, and tender rigging. However, the legal position of whistleblowers in the competition procedural law at the Business Competition Supervisory Commission of the Republic of Indonesia does not yet have comprehensive regulations, especially regarding guarantees of legal protection against the risk of retaliation, intimidation, or discrimination. This study aims to analyze the form and effectiveness of legal protection available to whistleblowers in the procedural law system of the Business Competition Supervisory Commission of the Republic of Indonesia and to examine the urgency of establishing stronger and more explicit protection norms. Using normative legal methods and a comparative legal approach, this study finds that despite normative gaps, the Business Competition Supervisory Commission of the Republic of Indonesia has the potential to strengthen the role of whistleblowers through internal policies and reformulation of procedural law. The main recommendation of this study is the need for regulatory harmonization between competition law and whistleblower protection regulations, including possible amendments to the KPPU Regulation to align with the principles of procedural fairness and human rights protection.

Authors

Publication Details

Journal
International Journal of Judicial Law
Published
2025-01-01
DOI
https://doi.org/10.54660/ijjl.2025.4.3.134-138
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
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article

Legal Protection against Whistleblowers in Business Competition Procedure Law in the Business Competition Supervisory Commission of the Republic of Indonesia

Ahmad Syaufi, Burhan Burhan
International Journal of Judicial Law
Indonesian Legal and Regulatory Studies
article

Legal Protection against Whistleblowers in Business Competition Procedure Law in the Business Competition Supervisory Commission of the Republic of Indonesia

Ahmad Syaufi, Burhan Burhan
article en

Abstract

A whistleblower is an individual who voluntarily reveals alleged violations of law or ethics in an institution, including violations of the principles of fair business competition. In the context of enforcing competition law in Indonesia, the role of whistleblowers is very important to uncover anti-competitive practices, such as cartels, abuse of dominant position, and tender rigging. However, the legal position of whistleblowers in the competition procedural law at the Business Competition Supervisory Commission of the Republic of Indonesia does not yet have comprehensive regulations, especially regarding guarantees of legal protection against the risk of retaliation, intimidation, or discrimination. This study aims to analyze the form and effectiveness of legal protection available to whistleblowers in the procedural law system of the Business Competition Supervisory Commission of the Republic of Indonesia and to examine the urgency of establishing stronger and more explicit protection norms. Using normative legal methods and a comparative legal approach, this study finds that despite normative gaps, the Business Competition Supervisory Commission of the Republic of Indonesia has the potential to strengthen the role of whistleblowers through internal policies and reformulation of procedural law. The main recommendation of this study is the need for regulatory harmonization between competition law and whistleblower protection regulations, including possible amendments to the KPPU Regulation to align with the principles of procedural fairness and human rights protection.

International Journal of Judicial LawVol. 4(3)
Openalex Percentile: Top 82%
Indonesian Legal and Regulatory Studies
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Legal Protection against Whistleblowers in Business Competition Procedure Law in the Business Competition Supervisory Commission of the Republic of Indonesia — Ahmad Syaufi, Burhan Burhan · International Journal of Judicial Law (2025) | TGRS Research Map | TGRS