Hutabarat, Sylvana Murni Deborah
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Monopolistic Practices by Google LLC through the Implementation of the Google Play Billing System (Case Study of KPPU Decision Number 03/KPPU-I/2024) Azzahra, Dinda; Hutabarat, Sylvana Murni Deborah
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i3.48478

Abstract

Digital businesses are growing along with technological advancements. As one of the largest technology companies in the world, Google controls more than 90% of the digital application distribution market share. Google has implemented a coercive Google Play Billing System, thus triggering monopolistic practices in the digital market. This study aims to analyze the form of monopolistic practices of Google LLC through the Google Play Billing System and examine its impact on business competition, technological innovation, application developers, and consumers in the Indonesian digital ecosystem. The research method uses normative juridical with a case study approach of Case Decision No. 03/KPPU-I/2024 through an analysis of statutory regulations. The results show that the implementation of the Google Play Billing System fulfills the elements of monopolistic practices as stipulated in Article 17 of Law No. 5 of 1999 through dominant market control, control of payment system access, and restrictions on consumer and developer choices. The impacts of the Google Play Billing System policy include increased developer operational costs, obstacles to innovation in alternative payment technologies, dependence on the Google ecosystem, and reduced consumer choices.
Tender Rigging in the Procurement of Cryo-Electron Microscopes (Cryo-EM) and Transmission Electron Microscopes (TEM) at BRIN (Case Study Decision: 02/KPPU-L/2024) Ardiana, Oktavia Dwi; Hutabarat, Sylvana Murni Deborah
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i3.48477

Abstract

This study discusses the practice of tender rigging in the procurement of Cryo-Electron Microscope (Cryo-EM) and Transmission Electron Microscope (TEM) at BRIN based on Case Decision Number 02/KPPU-L/2024. The purpose of this study is to analyze the form of tender rigging violations that violate the provisions of Article 22 of Law No. 5 of 1999 and examine its impact on business competition, business actors, the state, and research development in Indonesia. The research method used is normative juridical with a statute approach and a case approach with qualitative data analysis methods. The results of the study indicate the existence of vertical collusion between the tender committee, namely the Working Group and the PPK with business actors, namely PT Buana Prima Raya as the tender winner and PT Multi Teknindo Infotronika as the sole agent for the product. The tender rigging was characterized by the arrangement of technical specifications that favored certain brands, discrimination by unilaterally withdrawing support from PT Transformasi Sejahtera Indonesia as the lowest bidder, and the increase in procurement and contract prices without going through a transparent competition mechanism. The resulting impacts included the creation of artificial competition, state financial losses, hampered innovation in the research sector, and a decline in national competitiveness in mastering high technology. This research emphasizes the need for strict oversight and a fair resolution mechanism so that the tender system in Indonesia can operate transparently and accountably.
PENYALAHGUNAAN POSISI DOMINAN OLEH GOOGLE DALAM SISTEM PEMBAYARAN APLIKASI DI INDONESIA Hutabarat, Sylvana Murni Deborah; Muhammad Syahrul Ramadhan
Unram Law Review Vol 9 No 2 (2025): Unram Law Review (ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v9i2.413

Abstract

The development of the digital economy in Indonesia has reinforced Google’s dominance through the Google Play Store as the primary platform for application distribution among Android users. Google’s policy mandating the use of the Google Play Billing System (GPBS), with service fees of up to 30%, has raised significant legal and economic concerns. This study analyzes Google’s dominance within Indonesia’s application ecosystem under Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. Employing a normative juridical method, this research adopts statutory, conceptual, and case-based approaches to evaluate whether Google’s policy constitutes an abuse of dominant position. The findings reveal that with a market share exceeding 90%, Google satisfies the criteria for a dominant position as stipulated in Article 25 of Law No. 5 of 1999. The restriction of alternative payment systems and imposition of high service fees potentially hinder competition and harm local application developers. The decision by the Indonesian Competition Commission (KPPU) to sanction Google reflects an effort to enforce the law and foster a fairer digital ecosystem in Indonesia.