Compatibility Between the Indonesian Competition Law and Indonesia’s Climate Change Mitigation Policy Under the UNFCCC Paris Agreement 2016: Quo Vadis?
Abstract
To overcome the global climate change crisis, the Government of Indonesia (GoI) ratified the United Nations Framework Convention on Climate Change (UNFCCC) Paris Agreement on Climate Change on 22 April 2016 (Paris Agreement 2016), imposing quasi-legal obligations on contracting states to reduce greenhouse gas (GHG) emissions based on Nationally Determined Contribution (NDC) until 2030. As a contracting party of the Paris Agreement, Indonesia has submitted an Enhanced Nationally Determined Contribution (ENDC), increasing its GHG emission reduction target from 31.98 per cent to 43.20 per cent by 2030. Pillar II of the Golden Indonesia Vision 2045, Indonesia has also reaffirmed its commitment to climate change mitigation nationally and globally to reduce GHG emissions by 34 to 41 per cent from the baseline scenario by 2045. Based upon the holistic interpretation of the Indonesian Competition Law Number 5/1999 in conjunction with Article 33 paragraphs (1), (2) and (4) of the Indonesia 1945 Constitution, the Competition Authorities must undertake the sustainability mandate, including climate change mitigation actions. The Indonesian Supervisory Commission for Business Competition, KPPU, collaborating with other Ministries, the Indonesian Supreme Court (MARI) and the House of Representatives (DPR), must, by the Indonesian Competition Law (Law Number 5/1999), integrate the climate change mitigation policy and environmental preservation endeavours both in the formulation of rules and enforcement measures. The Indonesian Competition Authorities can, among others, generate the 'Block Exemptions' as the discretionary instrument and as the provisional antitrust enforcement policy. A prudent comparative study of Competition law and practices in selected jurisdictions reveals that the Indonesian Competition Authorities can exempt environmentally oriented or sustainability agreements or transactions from traditional prohibitions through five methods, such as the structured rule of reason approach to guarantee the principles of proportionality and accuracy. This work endeavours to provide a feasible contribution to accelerating the climate change mitigation efforts by the Government and the stakeholders from the Competition law and practice point of view. In order to enable structured analysis and provide optimal results, this research employs the normative juridical method coupled with a comparative law approach over the European and German Competition laws.
References
Journal Articles and Periodicals
Hamidi, M. P., Fadli, M. A., & Wilion, Y. W. (2022). Tinjauan Green Economy dalam Hukum Persaingan Usaha di Indonesia. Jurnal Persaingan Usaha, 2(1), 5-19.
Hamzah, H. (2020). Two decades of Indonesian business Competition law: Implementation, enforcement and contribution to the economy. The Journal of Research on the Lepidoptera, 277-292.
Holmes, Simon. “Climate Change, Sustainability, and Competition Law.” Journal of Antitrust Enforcement 8, no. 2 (April 13, 2020).
Khon, D. W. K., Baiquni, M. I., & Waspiah, W. (2023). Two Decades of Business Competition law: How Has Indonesian Competition law Transformed? Journal of Private and Commercial Law, 7(1), 45-68.
Malinauskaite, Jurgita. "Competition law and sustainability: EU and national perspectives." Journal of European Competition Law & Practice 13, no. 5 (2022): 336-348.
Nowag, Julian. “Competition Law’s Sustainability Gap? Tools for an Examination and a Brief Overview.” Social Science Research Network, January 1, 2019.
Silalahi, Udin, and Parluhutan, Dian. “The Necessity of ASEAN Competition Law: Rethinking.” Hasanuddin Law Review 3, no. 3 (December 26, 2017): 218.
Books and Book Chapters
Holmes, Simon, Middelschulte, Snoep D.Martin (eds.) “Competition law, climate change & environmental sustainability, New York, NY, USA : Institute of Competition Law, 2021
Nowag, Julian. "Sustainability and Competition Law: An International Report." In Sustainability Objectives in Competition and Intellectual Property Law, pp. 3-26. Cham: Springer Nature Switzerland, 2024.
Parluhutan, Dian. “The Implementation of Circumstantial Evidence according to the European Union Competition law, the German Cartel Law and the Indonesian Competition law”, Tectum-Nomos Verlag, Baden-Baden: 2019. ISBN 978-3-8288-4127-7
Sirait, Ningrum Natasya Sirait, Lubis, Andi Fahmi, Wulandari, ME Helena (eds.) „Hukum Persaingan Usaha: Buku Teks, Edisi II, Komisi Pnegawas Persaingan Usaha RI, 2017.
Web sources
APEC Competition Policy and Law Group. Competition Policy and Sustainable Development. 2023, Pre-Workshop Report. https://www.apec.org/docs/default-source/publications/2023/7/223_ec_competition-policy-and-sustainable-development.pdf?sfvrsn=cfd2c2f9_2
Climate Transparency. 2022 Climate Transparency Report: Comparing G20 Climate Action. 2022. https://www.climate-transparency.org/wp-content/uploads/2022/10/CT2022-Indonesia-Web.pdf
Dechezleprêtre, Antoine, and Misato Sato. Green Policies and Firms Competitiveness. 2018, Issue Paper. https://www.oecd.org/greengrowth/GGSD_2018_Competitiveness%20Issue%20Paper_WEB.pdf
“EU Supply Chain Law Obliges Companies to Operate in a Fair Manner.” 2024. EQS Group. January 2, 2024. https://www.eqs.com/compliance-blog/eu-supply-chain-law/?switchedLanguageTo=en.
Hausfeld. 2024. “Competition Law and Sustainability: The Case for Coherence.” Hausfeld. February 27, 2024. https://www.hausfeld.com/en-us/what-we-think/competition-bulletin/competition-law-and-sustainability-the-case-for-coherence/.
Kingston, Suzanne, Competition law, Climate Change and Sustainability. (2021). Forthcoming in Competition law, Climate Change & Environmental Sustainability (eds. Holmes, Snoep & Middelschulte), UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 3/2021, Available at SSRN: https://ssrn.com/abstract=3807923
Richters O, Bertram C, et al, NGFS Climate Scenario Database: Technical Documentation V3.1. 2022. https://www.ngfs.net/sites/default/files/media/2022/11/21/technical_documentation_ngfs_scenarios_phase_3.pdf
USAID Development Experience Clearinghouse. COMPETITION LAW AND ITS REGULATION IN INDONESIA. https://pdf.usaid.gov/pdf_docs/Pnacn401.pdf
Recommended Citation
Arinanto, Satya; Parluhutan, Dian; and Sabela, Louise Shania
(2025)
"Compatibility Between the Indonesian Competition Law and Indonesia’s Climate Change Mitigation Policy Under the UNFCCC Paris Agreement 2016: Quo Vadis?,"
Indonesian Journal of International Law: Vol. 22:
No.
4, Article 3.
Available at:
https://scholarhub.ui.ac.id/ijil/vol22/iss4/3
