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TINJAUAN YURIDIS PENYALAHGUNAAN POSISI DOMINAN DALAM PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT DI ERA EKONOMI DIGITAL
The digital era has enabled the economic sector to grow more rapidly through a digital-based economy. This shift has also transformed the nature of business competition, extending beyond conventional businesses to the digital sector. In Indonesia, one of the key issues in digital market competition is the abuse of dominant position by business actors who hold a dominant market share exceeding 50%. Such practices are employed to maintain their market dominance. This conduct not only creates barriers for new entrants but also limits consumer choices for alternative products or services. A notable case in this context is the alleged abuse of dominance by Google in the distribution of digital applications in Indonesia, raising concerns regarding the protection of disadvantaged business actors. This study employs an empirical juridical method with a case approach to analyze forms of abuse of dominant position and the legal protection mechanisms available to affected business actors. Primary data were obtained through interviews and questionnaires. Interviewees included the regional head and the head of the law enforcement division at KPPU Regional Office VII. Field data serve as the main analytical material, complemented by the examination of Law Number 5 of 1999, commonly referred to as the Competition Law. The findings indicate that the form of abuse of dominant position in the digital economy era is discriminatory practices toward third parties, commonly referred to as self-preferencing. Field data confirm that such discriminatory practices by dominant businesses are a major issue in cases of abuse of dominance in the digital economy. Notably, KPPU has handled such cases involving Google and Shopee, both initiated independently by KPPU and successfully resolved. KPPU provides both preventive and repressive legal protection and has fulfilled its duties in monitoring and taking action against businesses that violate competition law. In both decisions, the cases were not based on reports from business actors but were initiated by KPPU itself. If a harmed business actor wishes to claim compensation, they must file a report to KPPU and prove the losses incurred, as the burden of proof to obtain compensation lies with the affected business actor.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
TINJAUAN YURIDIS PENYALAHGUNAAN POSISI DOMINAN DALAM PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT DI ERA EKONOMI DIGITAL (Text)
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