Drastic Changes Regarding Appeal Against KPPU Decision

Last Friday, the Supreme Court issued the Supreme Court Regulation No. 3 of 2019 on Procedure for Appeal against Decisions of the Indonesian Competition Commission ("KPPU") ("Regulation") dated 9 August 2019. This new Regulation provides several drastic changes that can limit business actors in presenting their appeal against KPPU decisions.

Below are the key changes under the Regulation:

1. Electronic filing

Under the Regulation, appeal against a KPPU decision can now be submitted online. This mechanism is in line with the new Supreme Court regulation on electronic litigation.

2. Change to deadline to file an appeal

Under the previous regulation, an appeal against a KPPU decision can be filed to a district court within 14 business days as of receipt of notification of KPPU decision or as of the date of announcement of the KPPU decision through KPPU's website. Such deadline is applicable regardless of whether the appellant attended the hearing decision or