Cartel conduct is criminalised under the Indonesian Criminal Code.

The offence

Unfair competition is a criminal offence under article 382 of the Indonesian Criminal Code. Cartel conduct is considered to amount to unfair competition. Cartel conduct is defined in chapters 3 and 4 Law No. 5 of 1999 concerning the Prohibition of Monopoly and Unfair Business Competition Practices.

Horizontal cartels that include the following practices are prohibited:

• price fixing;
• market allocation;
• group boycotts;
• bid rigging; and
• any other arrangements, conspiracy or concerted practices that may restrict competition on the market or may cause harm to consumers.

Sanctions

Individuals

Fine of between 1 billion rupiah and 100 billion rupiah and between three and six months’ imprisonment.

Corporates

Fine of between 1 billion rupiah and 100 billion rupiah and possible revocation of business licences.