Indonesia and South Korea Business Competition Laws in The Investment Sector

Authors

  • Asmah Sawerigading University
  • Danil Pasanda Sawerigading University

DOI:

https://doi.org/10.31933/unesrev.v7i4.2442

Keywords:

Business Competition Law, Investment, Comparative Law, South Korea, Indonesia

Abstract

Business activities carried out by business actors in the investment sector can have a competitive effect that can affect the economy, especially in Indonesia and South Korea. The concept of economy in Indonesia by advancing the idea of democracy with various policies and regulations issued by the government, such as policies in the field of business competition. The Indonesian government issued Law No. 5 of 1999 prohibiting unfair business practices and competition to promote the people's welfare, create fair competition and facilitate investors in doing business. That thing is based on the principle of justice in business. However, on the side, On the other hand, South Korea has the Regulation and Fair Trade Act that provides fair business and investment opportunities. This study uses a normative juridical research method using secondary data, which will then be analyzed using qualitative methods with deductive conclusions. This study concludes that the comparison of business competition law between Indonesia and South Korea implements a legal system of justice and investment opportunities with no restrictions. Both countries, with their legal and government systems, have specific policies and rules, so there are differences: Indonesia with civil law, and South Korea with civil law Inquisitorial. In regulating business competition and investment, Indonesia prioritizes foreign investors' rules and investment periods, while South Korea focuses more on income for the country's prosperity

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References

Agosin, M. R., & Machado, R. (2005). Foreign Investment In Developing Countries: Does It Crowd In Domestic Investment? Oxford Development Studies, 33(2), 149–162.
Ambarwati, A. D., Sara, I. M., & Aziz, I. S. A. (2021). Pengaruh Jumlah Uang Beredar (Jub), Bi Rate Dan Inflasi Terhadap Pertumbuhan Ekonomi Di Indonesia Periode 2009-2018. Warmadewa Economic Development Journal (Wedj), 4(1), 21–27.
Buana, A. L., Saragih, H. J. R., & Aritonang, S. (2019). The Effect Of Government Expenditure, Government Investment, Private Investment And Labor On Economic Growth In Java Island In 2011-2015. Defense Economics, 4(2).
Cummins, J. G., Hassett, K. A., & Oliner, S. D. (2006). Investment Behavior, Observable Expectations, And Internal Funds. American Economic Review, 96(3), 796–810.
Dae-Chang, K. (2013). The 40th Anniversary Of Economic Relations Between Korea And Indonesia. Retrieved From Keia. Org: Http://Keia. Org/Sites/Default/Files/Publications/Koreaseconomy_2013_Chapter6. Pdf.
Fernandez, M., & Joseph, R. (2020). Foreign Direct Investment In Indonesia: An Analysis From Investors Perspective. International Journal Of Economics And Financial Issues, 10(5), 102–112.
Hayati, A. N. (2021). Analisis Tantangan Dan Penegakan Hukum Persaingan Usaha Pada Sektor E-Commerce Di Indonesia. Jurnal Penelitian Hukum De Jure, 21(1), 109–122.
Prasetyo, P. E. (2020). The Role Of Government Expenditure And Investment For Msme Growth: Empirical Study In Indonesia. The Journal Of Asian Finance, Economics And Business, 7(10), 471–480.
Putri, A. I. I. D., & Rahman, A. (2024). Analysis Of Consumer Protection Over Celebrity Endorsement Product Information Through Instagram Media. JILPR Journal Indonesia Law and Policy Review, 6(1), 146-153. https://doi.org/10.56371/jirpl.v6i1.336
Verico, K., & Riefky, T. (2022). Bilateral Trade And Investment Relations Analysis: Indonesia And South Korea. International Journal Of Business & Society, 23(2).
Yusufzyanova, D., & Zhang, L. (2011). Multi-Modal And Multi-Jurisdictional Transportation Investment Decision-Making: The Case Of Washington, Dc-Baltimore Region.
Law of the Republic of Indonesia No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition
Monopoly Regulation and Fair Trade Act, Law No. 3320 of 1980 as the last, ended by Law no.7315 of 2004
Law No.25 of 2008 concerning Investment
South Korea Investment Promotion Act No. 5559 was promulgated on Sept 16, 1998.
kppu.go.id/blog/2011/04/kppu-dan-investasi-for-kesejahteraan https://www.jurnal.id/id/blog/implementasi-sistem-ekonomi-pancasila
Fair Trade Commission, Korean Fair Trade Commission (online), https://www.ftc.go.kr/eng/index.do, accessed27 September 2022

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Published

2025-06-10

How to Cite

Asmah, & Pasanda, D. (2025). Indonesia and South Korea Business Competition Laws in The Investment Sector. UNES Law Review, 7(4), 1413–1419. https://doi.org/10.31933/unesrev.v7i4.2442

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Articles