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All Journal Locus Journal of Academic Literature Review
Setiadi, Edwin
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Comparative Juridical Analysis of Consumer–Business Dispute Resolution Effectiveness: A Study of the Consumer Dispute Settlement Agency and the Court Mechanism Kurniawan, Alvin; Setiadi, Edwin; Leonardo, Leonardo
Locus Journal of Academic Literature Review Vol 4 No 1 (2025): April
Publisher : LOCUS MEDIA PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56128/ljoalr.v4i1.408

Abstract

Consumer problem solving in business aspects can be solved in two ways, namely through the mechanism at BPSK and the Court. Problem solving through BPSK takes a mediation approach and prioritizes good faith and voluntariness. Efforts to resolve problems through the Court prioritize the mediation process first, if peace is not achieved, it will be continued to the trial process and the issuance of a decision from the trial, the power of the court's decision has strong legal authority. So in this study, it is worth examining the comparison of the effectiveness of resolving consumer problems through BPSK and the Court. This research is a normative legal research, legal research based on literacy materials in the form of books, journals, legal theories and laws and regulations that are developing in society and using a comparative concept approach by comparing or comparing one of the legal institutions.
An Analysis of Alleged Discrimination by Telkom Group Against Netflix in Internet Service Provision Kurniawan, Alvin; Setiadi, Edwin; Leonardo, Leonardo; Silalahi, Udin
Locus Journal of Academic Literature Review Vol 4 No 1 (2025): April
Publisher : LOCUS MEDIA PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56128/ljoalr.v4i1.409

Abstract

This study analyzes the alleged discriminatory practices by PT Telekomunikasi Indonesia (Persero) Tbk and PT Telekomunikasi Seluler (Telkom Group) against Netflix in the provision of internet access services. The issue arose when Telkom Group blocked access to Netflix in 2016, citing concerns over inappropriate content and consumer protection. However, similar platforms such as HOOQ, Viu, and Iflix were not subjected to the same restrictions, raising concerns about unequal treatment and potential anti-competitive behavior. Using a normative juridical approach combined with statutory, conceptual, and comparative methods, this research examines the case through the lens of Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition and Law No. 36 of 1999 on Telecommunications. The analysis incorporates the principle of non-discrimination and the "essential facilities" doctrine to assess whether the actions of Telkom Group potentially violated competition law. Although the Indonesian Competition Commission (KPPU) concluded there was no legal violation, this decision remains controversial and highlights the need for stronger regulatory frameworks and clearer enforcement mechanisms in Indonesia’s digital economy. Ensuring fair and non-discriminatory access to digital services is vital for fostering innovation, consumer choice, and a competitive ecosystem.
Co-Authors Jur. M. Udin Silalahi Kurniawan, Alvin Leonardo Leonardo