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

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.