Komisi Pengawas Persaingan Usaha (KPPU) has made a decision for the offense of Indonesian Republic Constitution Number 5 of 1999 about Monopoly Practices and Unfair Business Competition Prohibition. This action is against the clause 11 Indonesian Republic Constitution No. 5 of 1999 and 19 (c) Indonesian Republic Constitution No. 5 of 1999. In this case, the accused are PT Sumber Cipta Kencana with fines Rp.71.414.000,- and CV Mitra Agro Sampurna with fines Rp.967.626.000,-.
The writer has an analysis of this decision, both of legal analysis (Formal and Materil Aspect s ) and Islamic analysis. In Islamic analysis, PT Sumber Cipta Kencana and CV Mitra Agro Sampurna was against the ethical and business principals in Islamic religion with muʿāmalāt rules included. The type of this research is library research and the writer focuses on normative juridical approach. The next, the writer analyzed in qualitative.
Based on the writer analysis, it can be concluded that the legal in Formal Aspect has already been appropriate with the rules. But, in the Material Aspect , the punishment is lower than minimum determination. The writer suggestion that the punishment must be more than heaviness, because the easiness factors are relieved the accused and appropriateness with the council facts. Moreover, the clauses are offensed by the accused include the principal criminal.
While in Islamic law perspective, that the actions of PT Sumber Cipta Kencana and CV Mitra Agro Sampurna were included to the Sharia forbids, because of an offense about the ethical and the business Islam principals. Action by the accused were classified as the forbidden action in Prophet period and include the Ihtikār. This action have a similarity and the negative impacts as below 1) make a scarcity things 2) make the prices more expensive 3) across the regulations and of course make discommodity in the society.