Persaingan Usaha Tidak Sehat Akibat Jabatan Rangkap Direksi Komisaris BUMN (Studi Perbandingan Indonesia dan Amerika Serikat)

Abstract

Interlocking directorates is one of the actions that can lead to unfair business competition, as regulated under Article 26 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. In addition to Law No. 5/1999, Law Number 1 of 2025 in conjunction with Law Number 19 of 2003 concerning State-Owned Enterprises also strictly prohibits the holding of Interlocking. However, there is regulatory disharmony regarding the prohibition of Interlocking directorates for directors and commissioners in State-Owned Enterprises (BUMN). This thesis examines the prohibition of Interlocking directorates from the perspective of competition law and the legal framework governing BUMN. It also compares the regulation of Interlocking directorates from the perspective of competition law in Indonesia and the United States. The research method used is normative juridical with statutory and comparative approaches, based on secondary data. The results of the study show that when an individual holds positions in two or more competing companies, it creates a significant risk of forming special relationships that facilitate anti-competitive behavior. The disharmony in regulations regarding the prohibition of Interlocking for BUMN directors and commissioners leads to legal uncertainty in the enforcement of Article 26 of Law No. 5/1999. There are differences in the approach to enforcing the prohibition of Interlocking directorates between Indonesia and the United States. Indonesia applies a rule of reason approach under Article 26 of Law No. 5/1999, while the United States applies a per se illegal approach under Section 8 of the Clayton Act. The Indonesian Competition Commission (KPPU) should enhance coordination and collaboration to revise and harmonize regulations concerning Interlocking directorates of BUMN directors and commissioners to ensure legal certainty.