Sriwijaya Law Review
Volume 5 Issue 2, July 2021

The Qualified Effects Doctrine in the Extraterritorial of Competition Law Application: An Indonesia Perspective

Sukarmi Sukarmi (International Law Depatmen, Faculty of Law-Brawijaya University)
Hassan Qaqaya (Melbourne Law School, Australia)
Fransiska A. Susanto (Unknown)
Rika Kurniaty (Unknown)

Article Info

Publish Date
28 Jul 2021


The use of extraterritorial jurisdiction of competition law, based on the effect doctrine, has long been debated. This paper discusses the application of extraterritorial jurisdiction to Indonesian competition law. Competition law in Indonesia applies to any collusive or abusive behaviour that has a necessary effect on the business and economy spheres, regardless of the nationality or geographic location of the company or where the occurred conduct. This study employs a normative juridical method to analyse legal norms and principles. The approaches used include a statutory approach, a comparative law approach, and a case approach. This study reveals that the regulations concerning the prohibition of monopolistic practices and unfair business competition have not explicitly regulated extraterritorial norms in Indonesia. However, the Business Competition Supervisory Commission makes legal breakthroughs by applying the extraterritorial principle to resolve the involvement of foreign business actors and impose penalties on them. This article argues that Indonesia significantly needs to amend its competition law and increase cooperation with other countries to enforce the competition law.

Copyrights © 2021

Journal Info




Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice


The Sriwijaya Law Review known as the SLRev launched on the 31st January 2017 and inaugurated formally by the Rector of the university is a forum which aims to provide a high-quality research and writing related to law. Areas that relevant to the scope of the journal cover: business law, criminal ...