Abstract

The Indonesian Competition Supervisory Commission (ICSC) holds comprehensive powers, encompassing investigation, prosecution, adjudication, decision-making, and sanctioning of business actors who breach national competition laws. Additionally, it possesses the authority to formulate its own procedural regulations governing competition law enforcement. This concentration of powers presents significant concerns, especially regarding the protection of the right to a fair trial and the application of checks and balances. This article aims to examine the role of human rights, specifically the right to a fair trial, within the framework of competition law enforcement. The study concludes that such enforcement processes must operate within the boundaries of human rights standards, placing them as superior normative references. Drawing on Indonesia’s experience, the research reveals that the ICSC’s consolidation of functions conflicts with the country’s human rights obligations in enforcing fair competition laws. As a proposed remedy, the article advocates for reforms that align with human rights principles and strengthen checks and balances, such as curbing some of the ICSC’s powers and increasing the role of the Supreme Court in overseeing competition law enforcement.