Efektivitas UU Persaingan Usaha terhadap Pembatasan Dominasi di Era Digital

Περίληψη

Antitrust Law in Indonesia aims to create a fair market and prevent monopolistic practices that harm consumers and other business actors. However, with the development of technology and the dominance of digital-based multinational companies, antitrust law challenges are growing. In the digital era, companies such as Google and Amazon capitalize on the power of data and algorithms to dominate the market, often to the disadvantage of small and medium enterprises and creating unfairness in the market. Regulations such as Law No. 5/1999 that regulate the prohibition of monopolistic practices and unfair business competition, are not fully capable of addressing the dominance of global digital companies. Therefore, updates and adjustments to antitrust regulations are needed, in order to accommodate the development of the digital industry and protect local markets. Other countries, like the EU with the Digital Markets Act (DMA) and the US with the Sherman Act, have developed more relevant regulations, which can guide Indonesia in updating its Antitrust Law. The DMA regulation, for example, focuses on limiting monopolistic practices in the digital market and requires large companies to provide access to their business users' data. On the other hand, the Sherman Act, although older, remains relevant in the effort to create a healthy market. Therefore, there is a need to update Indonesia's Antitrust Law, along with enhancing the capacity of the Competition Supervisory Commission (KPPU) to address these challenges and create a more competitive and fair market environment in the digital era.