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All Journal Jurnal Hukum Novelty Vifada Assumption Journal of Law
Agustianto
Faculty of Law, Universitas Internasional Batam, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Other

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Legal protections against unfair competition in e-commerce: Analysis of Indonesian and Thailand framework adequacy Lu Sudirman; Nipon Sohheng; Agustianto; Shenti Agustini; Nurlaily
Jurnal Hukum Novelty Vol. 16 No. 1 (2025)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v16i1.29157

Abstract

Introduction to the Problem: Unfair competition threatens economic growth and is harder to detect in the digital era. For Indonesia and Thailand, growing digital economies depend on fair online marketplaces, yet these platforms face risks like price manipulation and visibility bias. Addressing these issues is crucial to unlocking their global trade potential. Purpose/Study Objectives: The purpose of this research is to analyze the normative potentials and challenges in enforcing antitrust laws in Indonesian and Thai online marketplaces, particularly in addressing antitrust challenges that are unique to the digital environment. Design/Methodology/Approach: This research utilizes normative legal research method and a comparative legal approach to examine the frameworks for protecting against unfair competition in online marketplaces in Indonesia and Thailand. Findings: Findings of this study highlight that the existing antitrust laws in Indonesia and Thailand are not equipped to address the unique challenges of digital markets, such as algorithm-driven price fixing, product visibility manipulation, and data monopoly. The study proposes a legal framework model focusing on enhancing algorithmic transparency, ensuring search neutrality, establishing robust market monitoring, and integrating data governance with antitrust measures. This model aims to bolster fair competition and consumer protection, positioning both nations to leverage their digital economy potentials effectively. Paper Type: Research Article
Copyright Regulation of AI-Generated Works : A Comparative Study of Indonesia, the United States, and Germany Agustianto; Sherney Z.; Hari Sutra Disemadi
Vifada Assumption Journal of Law Vol. 4 No. 1 (2026): January - June
Publisher : Yayasan Vifada Cendikia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70184/54n6fg88

Abstract

Purpose: This study examines copyright regulation in the era of AI through a comparative legal analysis between Indonesia, the United States, and Germany, with the primary aim of analyzing how the copyright regulatory frameworks in the three countries accommodate AI-generated works and to identify regulatory gaps that may hinder legal certainty in the context of generative AI. Research Design and Methodology: This study uses normative legal research methods with statutory and comparative legal approaches, analyzing legal implications of AI-generated works and conducting an assessment of the relevant primary law sources.  Findings and Discussion: Findings highlight that Germany stands out as the most advanced through the amendment of UrhG and the adoption of the DSM Directive, while the United States follows with clear output regulation through USCO policies. Indonesia lags behind, still relying on Law No. 28 of 2014’s rather classical understanding of copyrights. The research identifies two major gaps that create legal challenges: regulatory preparedness and legal uncertainty around output and input layers. Implications: This study recommends a two-layer reform direction for Indonesian copyright law by proposing clearer rules on AI-generated outputs and the use of copyrighted works as AI training inputs, drawing from the United States’ human authorship and Germany’s text and data mining framework. The contribution of this study lies in its addition to the growing body of literature around generative AI in the legal sphere and practical implications for future legal development.
Co-Authors Agustini, Shenti Disemadi, Hari Sutra Lu Sudirman Nipon Sohheng Nurlaily Sherney Z.