Jurnal Cendikia ISNU SU
Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026

Strengthening Legal Protection for Local Businesses in Indonesia amid Free Trade Competition

Watni Marpaung (Universitas Islam Negeri Sumatera Utara)
Fandi Wahidi (Institut Agama Islam Negeri Datuk Laksemana Bengkalis)



Article Info

Publish Date
30 Sep 2026

Abstract

Free trade expands market opportunities for local businesses, but at the same time increases the inequality of competitive capacity between domestic businesses and business actors with stronger resources, technology, and market networks. This study aims to analyze the adequacy of Indonesia's legal framework in protecting local businesses in the midst of free trade competition and formulate a model of strengthening law based on competitive equality. The research uses normative legal methods with legislative, conceptual, analytical, and comparative approaches, through the analysis of primary, secondary, and relevant international trade instruments. The results of the study show that local business protection is available through the MSME regime, competition law, and national economic policies, but is still fragmented and has not fully responded to structural inequality and digital market transformation. The study found that repressive protection alone is inadequate to deal with data mastery, platform dependence, bargaining power inequality, and market access barriers. The research recommends the implementation of integrated legal protection based on competitive equality through strengthening business capacity, protecting market access, and institutional capacity for law enforcement. This model allows Indonesia to maintain trade openness while fulfilling the mandate of economic democracy and creating fairer competition for local businesses.  

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Journal Info

Abbrev

jcisnu

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Jurnal Cendikia ISNU SU is a scholarly platform dedicated to advancing research and critical discussions in the field of law. The journal embraces a wide range of topics that reflect the dynamic development of legal studies, both in national and international contexts. The scope of the journal ...