Dominasi Pasar Platform Digital dan Implikasinya terhadap Hukum Persaingan Usaha di Indonesia

Abstract

The rapid development of the digital economy in Indonesia has given rise to tech giants that control market ecosystems from end to end. This dominance poses serious challenges to the competition law regime, which has traditionally relied on conventional parameters. This study aims to analyze the characteristics of market dominance by digital platforms within a multi sided market structure and its juridical implications for the enforcement of competition law in Indonesia. The research method employed is normative legal research with statutory and conceptual approaches. The results indicate that the legal instruments under Law Number 5 of 1999 suffer from severe regulatory lag in detecting and prosecuting digital anti competitive practices such as self preferencing, technology-based tying agreements, and predatory pricing disguised behind burning money strategies. Traditional parameters like the relevant market and average variable cost tests are proven to no longer be relevant when applied to a zero price economy ecosystem. The novelty of this research lies in the urgent analysis of reconstructing competition law doctrines, shifting towards algorithmic forensics and massive data control. The study concludes with an urgent call for amendments to national competition regulations and the strengthening of the Commission for the Supervision of Business Competition (KPPU) procedural law through the adoption of a pre merger notification system to safeguard the innovation of domestic business actors.