NEW SUPREME COURT REGULATION: APPEALING A KPPU DECISION

The Supreme Court of the Republic of Indonesia issued its Regulation No. 3 of 2019 on the Procedure of Appealing a Commission for the Supervision of Business Competition Decision on 20 August 2019 (“PERMA 3/2019”, effective 20 August 2019) which revoked and replaced the Supreme Court Regulation No. 3 of 2005 on the same subject (“PERMA 3/2005”). PERMA 3/2019 aims to create an effective appeals procedure, and revoke all provisions relating to appeals to Commission for the Supervision of Business Competition (Komisi Pengawas Persaingan Usaha – “KPPU”).

PERMA 3/2019 essentially elaborates further about the following procedures, i.e., the (I) authorized party to file an appeal, (II) consolidation period of appeal, (III) electronic filing, (IV) deadline to file an appeal, (V) required documents, and (VI) legal remedy.

I. Authorized party to file an appeal
PERMA 3/2019 provides a broader definition of reported party i.e. party who is entitled to file an appeal against the KPPU decision (appellant). In this regard, PERMA 3/2019 defines reported party as entrepreneurs or other parties reported to or examined by KPPU due to allegation of monopoly practice or unfair business competition. While under PERMA 3/2005, an appeal against a KPPU decision can be filed by the reported party i.e. entrepreneurs in the attempt to overcome objection against the decision of KPPU.

II. Consolidation period of appeal
In cases where appeals are filed by more than one appellant against the same KPPU decision, but in different domiciles, the KPPU will send a formal letter to the Supreme Court to appoint the district court that will have jurisdiction over the appeal. Such consolidation must be concluded within 7 (seven) business days earlier than previous provision 14 (fourteen) business days after receiving the KPPU’s written request.

III. Electronic filing
PERMA 3/2019 introduces online submission to file an appeal against a KPPU decision. The online submission shall subject to Supreme Court Regulation No. 3 of 2018 on the Administration of Court Proceedings by Electronic Means in conjunction with Supreme Court Regulation No. 1 of 2019 on the Administration of Lawsuits and Court Proceedings by Electronic Means.

IV. Deadline to file an appeal
Appellant has 14 (fourteen) business days to file an appeal to a district court starting from the date of the hearing decision if attended by the appellant or the date of notification of the KPPU decision if the appellant did not attend the hearing.

V. Required documents
Appellant must submit required documents to the district court in filing an appeal including but not limited to a power of attorney, a request for appeal, and a copy of KPPU decision. Failure to provide such documents, the district court will return the filing to the appellant to be completed.

VI. Legal remedy
PERMA 3/2019 expressly states that the reported party may only take cassation to the Supreme Court as subsequent and the last legal remedy against appeal decision rendered by the relevant district court.