Integrating Islamic Justice Values into Leniency Programs: Reforming Indonesia^s Competition Law Through Comparative Insights from the United States, Japan, and Brazil Rimba Supriatna*(a), Dian Andriasari (b), M. Ilman Abidin (c), Anggita Nurul Fatimah (d), Atiyah Kirana Ropidah (e), RA Noffa Sulthanah (f)
(a), (b), (c), (d), (e), (f) Faculty of Law Universitas Islam Bandung (UNISBA), Bandung Indonesia
*rimba[at]unisba.ac.id
Abstract
The prevalence of cartel cases in Indonesia poses significant challenges for detection, primarily due to the restricted authority and legal tools at the disposal of the Business Competition Supervisory Commission (KPPU), notably the lack of clear provisions for leniency programs in Law No. 5 of 1999. This study seeks to examine the prospective incorporation of Islamic justice principles, namely al-^adl (justice), maslahah (public welfare), amanah (trustworthiness/honesty), and al-^afw (measured forgiveness), into the execution of leniency programs in Indonesia, while also extracting insights from exemplary practices in the United States, Japan, and Brazil. The study utilizes a normative legal method with a comparative approach, drawing on secondary data from academic literature, competition rules, and case studies of leniency implementation in various nations. The results demonstrate that Islamic justice principles are significantly pertinent and may be successfully included into leniency policies to augment moral and social credibility and to promote voluntary disclosure by cartel participants. International comparative analysis indicates that the United States has established a comprehensive immunity system, Japan has successfully adopted a multi-tiered leniency approach, and Brazil has distinguished itself with a leniency-plus system that provides extra incentives for reporting multiple cartels concurrently. This paper advocates for Indonesia to expeditiously revise Law No. 5 of 1999 to expressly incorporate leniency program provisions, integrate concepts of Islamic justice, and use worldwide best practices to establish a more effective and equitable framework for competition law enforcement.
Keywords: Leniency Program- Islamic Justice Principles- Cartel Enforcement- Competition Law
Topic: Law and Ethics in Terms of Islamic Perspective
