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PENYALAHGUNAAN POSISI DOMINAN DAN INTEGRASI VERTIKAL PADA PERUSAHAAN LAYANAN PENGIRIMAN YANG DILAKUKAN OLEH MARKETPLACE DALAM PERSPEKTIF HUKUM PERSAINGAN USAHA Kurniawan, Satria; Setyawati, Ria; Wulandari, Sinar Aju
Irtifaq Vol 13 No 01 (2026): MARET
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v13i01.11097

Abstract

The growth of the digital economy has brought about major transformations in trade transaction patterns, one of which is through online marketplace platforms. Within this digital ecosystem, some businesses have managed to secure a dominant position not only as platform providers but also through vertical integration of the supply chain, including logistics services. This study examines how vertical integration—specifically, direct ownership or control over the selection of logistics services utilized by marketplace businesses—influences user behavior, both among end consumers and merchants, in choosing logistics services. In practice, vertical integration is often implemented through algorithmic guidance, default settings for delivery options, price incentives, and restrictions on access to delivery data for external logistics providers. Such strategies pose the potential for abuse of dominant positions by suppressing independent delivery services through systematic, nontransparent preference mechanisms. The research methodology employed is a normative legal approach, involving an analysis of applicable laws and regulations, particularly Law No. 5 of 1999 on the Prohibition of Monopoly Practices and Unhealthy Business Competition, as well as a case study of vertical integration practices within large marketplace platforms in Indonesia. The findings indicate that the use of vertical integration in this context is not merely a matter of business efficiency but can lead to the exclusion of competitors and the unfair reduction of consumer choice, ultimately creating discrimination in the goods delivery services market.
Indikasi Praktik Penetapan Harga Predatori di Marketplace Online dari Perspektif Hukum Persaingan Usaha Prastika, Danisha Rahmadanty; Wulandari, Sinar Aju
Hang Tuah Law Journal VOLUME 10 ISSUE 1, APRIL 2026
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v10i1.312

Abstract

This research examines the impact of predatory pricing practices on unfair competition in Indonesia, particularly in the context of the rapidly growing ecommerce sector. With the emergence of the “live shopping” feature, sellers can offer products directly to consumers, creating a more dynamic interaction and urgency to make purchases. However, this aggressive pricing strategy has the potential to disrupt market equilibrium, as the prices set often do not reflect actual production costs, thereby threatening the principle of healthy competition that should arise from the natural supply and demand mechanism. This type of research is legal research that addresses existing legal issues by identifying legal problems, legal reasoning, and analyzing existing legal issues, as well as providing solutions to the legal problems faced. The problem-solving approach used in this research is the statute approach and case study. This research also highlights the risks faced by consumers, who may have to pay higher prices after competitors exit the market, and the risk of unhealthy competition and the creation of monopolies or oligopolies that hinder innovation as a result of predatory pricing. Therefore, it is important to evaluate existing regulations and ensure that predatory pricing practices do not harm businesses and consumers in Indonesia.