KPPU Awaits Supreme Court Cassation Regarding The Grab Case Exempted From Fines

Illustration (Photo: Antara)

JAKARTA - The Business Competition Supervisory Commission (KPPU) is still waiting for the cassation process for the decision of the South Jakarta District Court which canceled the fine sanctions against PT Solusi Transportasi Indonesia (Grab Indonesia) and PT Transportation Technology Indonesia (TPI).

"It is still being processed for cassation at the Supreme Court (MA). There is no final result yet from the Supreme Court," said Head of the Foreign Cooperation Division, KPPU's Public Relations and Legal Bureau Deswin Nur when contacted by Antara in Jakarta, Sunday, December 6.

Meanwhile, Grab Indonesia was exempted from a fine of Rp. 30 billion after a panel of judges at the South Jakarta District Court canceled the sanction set by the KPPU.

In this decision, PT TPI was also exempted from a fine of Rp 19 billion, which was previously decided by the KPPU.

KPPU has decided the case with Number 13 / KPPU-I / 2019 on July 2, 2020 which imposed sanctions for violations of Article 14 and Article 19 letter (d) of Law Number 5 Year 1999 on Grab and TPI in special rental transportation services related to provision of the Grab App software application in the Greater Jakarta area (Jakarta, Bogor, Depok, Tangerang, and Bekasi), Makassar, Medan and Surabaya.

For the violation, Grab was fined IDR 7.5 billion for violating Article 14 and IDR 22.5 billion for Article 19 letter (d), while TPI was subject to a fine of IDR 4 billion and IDR 15 billion for the two articles. The Reported Party objected this decision to the South Jakarta District Court.

KPPU's performance

Regarding performance, during its 20 years of existence, KPPU has produced 349 case decisions. The effort to object to the decision was 56 percent won at the District Court level, while at the Supreme Court level as much as 58 percent, and for the review of decisions reached 80 percent won by KPPU.

Of the number of decisions, 89 percent of them have signed up to be within the scope of the KPPU, the District Court, the Supreme Court, as well as in a Review.

Meanwhile, another 11 percent are still in the legal process stage. The inkracht ruling resulted in a total fine that the State could collect in excess of Rp. 800 billion.

When compared, this amount is equivalent to 48 percent of the total state budget given to KPPU for 20 years. Of this amount, 52.2 percent or Rp425 billion had been paid by business actors to the State treasury.

In terms of merger control, KPPU has received and assessed 640 notifications of merger and acquisition transactions in the past 10 years since the enactment of Government Regulation No. 57/2010.