Analisis Yuridis Praktik Monopoli dan Penyalahgunaan Posisi Dominan dalam Pasar Digital menurut Perspektif Hukum Persaingan Usaha di Indonesia (Studi Kasus: Putusan KPPU Nomor 03/KPPU-I/2024)

Abstract

Digitalization era have brought about disruption in the economic sector, manifested in the formation of a digital market ecosystem. The establishment of this digital market has consequently influenced business competition in Indonesia. This influence is exemplified in the decision of the Komisi Pengawas Persaingan Usaha (KPPU) or Indonesia Competition Commision (ICC) Number 03/KPPU-I/2024. This study will address three issues, namely: how the regulation concerning monopolistic practices within the digital market is governed under Indonesian competition law; how the provisions regarding the abuse of dominant position by digital market actors are stipulated under Indonesian competition law; and how a juridical analysis can be made of KPPU Decision Number 03/KPPU-I/2024 concerning alleged violations of Article 17, Article 19 letters a and b, and Article 25 of Law Number 5 of 1999 related to the implementation of the Google Play Billing System by Google LLC. The method employed in this thesis research and writing is normative legal research, characterized by a descriptive approach. The data consist of primary, secondary, and tertiary legal materials, collected through a literature study technique sourced from secondary data. The data are analyzed using qualitative normative data analysis with a deductive reasoning framework. This study concludes that monopolistic practices and the abuse of dominant position within the digital market in Indonesia have not been comprehensively regulated. ICC’s Panel conducted an examination and adjudication of verdict Number 03/KPPU-I/2024 with the objective of realizing legal certainty and fostering a fair business competition climate in Indonesia. Based on the findings of this study, it is recommended that the legislative body promptly undertake amendments to Law Number 5 of 1999 to accommodate the digital economy model and the digital market ecosystem. It is further recommended that the KPPU/ICC refine the Guidelines on Article 17 and Article 25, as well as establish specific Guidelines regarding the enforcement of competition law within the digital market. Moreover, it is advised that business actors, particularly multinational corporations, respect and comply fully with all principles of extraterritoriality and the applicable laws and regulations of the host state, especially those governing business competition.