Jurnal Persaingan Usaha
Analisis empiris atas kebijakan persaingan Studi kasus atau bedah putusan KPPU (yang telah inkracht) baik dalam konteks kegiatan yang dilarang, perjanjian yang dilarang, dan penyalahgunaan posisi dominan Analisis atas transaksi merger dan akuisisi, serta studi kasus penanganan perkara merger dan akuisisi Pengembangan regulasi dan hukum beracara di KPPU Studi komparatif implementasi hukum persaingan usaha antarnegara (antara KPPU dengan negara lain) Isu-isu yang berkaitan dengan kelembagaan KPPU (struktur dan kinerja) Diskursus dan kritik teori tentang persaingan usaha Pengembangan metodologi riset terkait persaingan usaha Isu-isu yang berkaitan dengan pengawasan kemitraan UMKM (termasuk implementasi konsep ekonomi pasar Pancasila, atau perdebatan antara competition dan cooperation)
Articles
42 Documents
<![CDATA[Isu Persaingan Industri Pelayanan Kesehatan Indonesia: Tantangan dan “Perisai” Pengawasan KPPU ]]>
<![CDATA[Muhammad Alfarizi]]>;
<![CDATA[Zela Zalika]]>
<![CDATA[ Jurnal Persaingan Usaha Vol 3 No 1 (2023): Jurnal Persaingan Usaha ]]>
Publisher : <![CDATA[Komisi Pengawas Persaingan Usaha ]]>
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DOI: 10.55869/kppu.v3i1.89
<![CDATA[The COVID-19 pandemic and the Epidemiological Transition are driving the pace of development of an increasingly advanced health system. The health service industry revolution has made all providers compete with each other to gain a competitive advantage amid Indonesia's potential health market. The insistence on oversight of competition in the health industry that is free from elements of the crime is fundamental to ensure that no party is disadvantaged in the healthcare industry environment. This study aims to analyze the phenomenon of competition in the health service industry, the clinic industry, hospitals, health insurance, clinical pharmacy, medical devices, and traditional medicine in Indonesia from the perspective of business competition law and review the role of the Business Competition Supervisory Commission (KPPU) in preventing monopolistic practices. And unfair business competition in the health services sub-sector. This study uses a PRISMA-based systematic literature review with 38 articles ready for analysis. The results showed that competitor in the healthcare industry was hidden but dangerous, namely cheating and hiding hands with patients, the health business mafia, and corporate monopoly, which occupied the highest health business rating. Apart from that, KPPU found a crucial role in the shield function of supervising competition in the health service industry, which is very intriguing and full of loopholes for law violations.]]>
<![CDATA[Pengawasan Pelaksanaan Kemitraan UMKM dan Usaha Besar: Perbandingan Pengaturan di Indonesia dan Malaysia ]]>
<![CDATA[S.H.S. Ulil Albab]]>;
<![CDATA[Erdha Widayanto]]>;
<![CDATA[Kevin B Sibarani]]>
<![CDATA[ Jurnal Persaingan Usaha Vol 3 No 1 (2023): Jurnal Persaingan Usaha ]]>
Publisher : <![CDATA[Komisi Pengawas Persaingan Usaha ]]>
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DOI: 10.55869/kppu.v3i1.98
<![CDATA[Abstract: The implementation of partnership relations between MSMEs and large businesses allows for a bargaining position gap. This scheme can actually hinder the development of MSMEs. This study aims to examine the supervision of partnerships between MSMEs and large businesses by comparing Indonesia and Malaysia as members of ASEAN which have created a Blueprint for MSME Development. Using normative juridical research methods with analytical descriptive research types and comparative studies using data sources from the literature. The results show that MyCC as the competition authority in Malaysia is not specifically responsible for supervising the implementation of partnership agreements, because competition law in Malaysia does not regulate in detail about partnership agreements so that partnerships are considered the same as other agreements in the context of business competition. Supervision of MSME partnerships in Indonesia is more effective because of the authority of the KPPU and the obligation to report partnership agreements made by MSMEs and large businesses are required to report the relevant institutions can be used to prevent potential business competition violations. Keywords: Partnership Supervision, MSMEs and Large Enterprises, Indonesia and Malaysia.]]>
<![CDATA[Interaksi Persaingan Usaha dan Perlindungan Data: Menelaah Bundeskartellamt v. Facebook ]]>
<![CDATA[Siti Shalima Safitri]]>
<![CDATA[ Jurnal Persaingan Usaha Vol 3 No 1 (2023): Jurnal Persaingan Usaha ]]>
Publisher : <![CDATA[Komisi Pengawas Persaingan Usaha ]]>
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DOI: 10.55869/kppu.v3i1.99
<![CDATA[Big Data brings new challenges in terms of competition law and data protection. The intersection of data regulation with competition law is due to the fact that most digital products are paid for by users and consumers online by providing their personal data. The author will discuss whether data breaches can be considered a violation of competition law, in light of the German Facebook case in which the Bundeskartellamt investigated whether alleged violations of data protection provisions could mean that Facebook abused its dominant position in the digital market. The research uses a normative legal method with a literature study. The results of the research show that abuse of the digital market cannot be drawn from mere dominance or unfair contract terms, but rather there needs to be a combination of market power and the absence of other options for contract terms. If Facebook users are given more choices regarding how their data is collected, they will be deemed to give voluntary consent under data protection law. This research can serve as a guideline for Indonesian lawmakers and competition authorities to adjust competition regulations, especially in the era of digitalization.]]>
<![CDATA[Perbandingan Hukum Persaingan Usaha Terkait Pembuktian Tindakan Diskriminasi di Sektor Digital ]]>
<![CDATA[Rezaldy]]>;
<![CDATA[Nanda Diyan Saputra]]>
<![CDATA[ Jurnal Persaingan Usaha Vol 3 No 1 (2023): Jurnal Persaingan Usaha ]]>
Publisher : <![CDATA[Komisi Pengawas Persaingan Usaha ]]>
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DOI: 10.55869/kppu.v3i1.101
<![CDATA[The development of the digital economy in Indonesia makes it easy for business actors to run their business, besides that it also has the potential to cause violations in the business competition sector such as the act of blocking internet access carried out by PT Telkom Indonesia against NETFLIX, this of course creates competition related to the verification mechanism. The purpose of this study is to find out the concept of regulation and proof in warning actions in the digital sector between Indonesia and Singapore. The theory used in analyzing the problems in this paper is the rule of reason and legal certainty. The conclusions obtained in this study are the provisions of Article 19 letter (d) of Law no. 5 of 1995 jo Perkom KPPU No.3 of 2011 has not comprehensively regulated complaints regarding actions in the digital sector, causing difficulties in the verification process, for this reason the authors compared it with the regulation prohibiting warning actions in the digital sector in Singapore.]]>
<![CDATA[Implikasi Legal Market Power Assessment dalam Big Data pada Era Ekonomi Digital ]]>
<![CDATA[Stefanus]]>
<![CDATA[ Jurnal Persaingan Usaha Vol 3 No 1 (2023): Jurnal Persaingan Usaha ]]>
Publisher : <![CDATA[Komisi Pengawas Persaingan Usaha ]]>
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DOI: 10.55869/kppu.v3i1.105
<![CDATA[The development of information and technology in the world of law has occurred since the digitalization era has also developed. In Indonesia itself, this development began with regulations regarding telecommunications to the latest regarding personal data protection. So far, regulations in Indonesia appear to be standing alone without any legal umbrella, although some legal experts have mentioned the Electronic Information and Transaction Law as a semi-legal umbrella for regulating digitalization in Indonesia. The inclusion of digitization elements in the form of Big Data as well as technology often creates a new disturbance for the enforcement of business competition law in Indonesia which we often know is difficult to prove legally, this can be seen from the existence of economics as one of the sciences that assists in the application business competition law, with the inclusion of Big Data a new science emerges which seems to need to be of concern to the Commission for the Supervision of Business Competition in implementing technical regulations related to the Law on the Prohibition of Monopolistic Practices and Unfair Business Competition in Indonesia. Keywords: Big Data, Business Competition Law, and Digital Economy.]]>
<![CDATA[Peran KPPU Mengawasi Persaingan Usaha di Sektor Pertambangan dalam Konteks Green Economy ]]>
<![CDATA[Wulandari, Maria Mu'ti]]>;
<![CDATA[Hidayat Jati, Baginda Khalid]]>
<![CDATA[ Jurnal Persaingan Usaha Vol 5 No 2 (2025): Jurnal Persaingan Usaha ]]>
Publisher : <![CDATA[Komisi Pengawas Persaingan Usaha ]]>
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DOI: 10.55869/kppu.v5i2.197
<![CDATA[ABSTRACT The mining sector plays a crucial role in Indonesia’s economy but faces challenges in ensuring fair competition and integrating green economy principles to support sustainable development. This study examines the role of the Business Competition Supervisory Commission (KPPU) in overseeing competition in the mining sector while promoting green economic practices. Using a normative juridical approach, the research analyzes relevant regulations and comparative studies on sustainable mining policies. The findings highlight that market concentration and regulatory fragmentation hinder competition and environmental sustainability. However, opportunities exist through policy reforms, fiscal incentives, and the adoption of international best practices, such as Finland’s green mining model. KPPU’s role can be strengthened by enhancing inter-agency coordination with the Ministry of Environment and Forestry (KLHK) and the Ministry of Energy and Mineral Resources (ESDM). The study concludes that integrating green economy principles into competition policies in the mining sector can enhance both market efficiency and environmental sustainability. The implications suggest that regulatory synchronization and cross-sector collaboration are essential to foster a competitive and sustainable mining industry in Indonesia. Keywords: Business Competition, Mining Sector, Green Economy, Sustainable Development]]>
<![CDATA[Analisis Hukum terhadap Kebijakan Bea Masuk Anti Dumping Uni Eropa terhadap Baja Nirkarat Indonesia ]]>
<![CDATA[Kurnia, Kana]]>;
<![CDATA[Asyharuddin, M]]>
<![CDATA[ Jurnal Persaingan Usaha Vol 5 No 2 (2025): Jurnal Persaingan Usaha ]]>
Publisher : <![CDATA[Komisi Pengawas Persaingan Usaha ]]>
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DOI: 10.55869/kppu.v5i2.203
<![CDATA[Indonesia filed a lawsuit with the European Union at the World Trade Organization due to the EU imposing anti-dumping import duties on stainless steel products from Indonesia. The EU argued that the anti-dumping import duties were imposed because the EU suspected that Indonesian steel exporting companies received preferential financing from Chinese banks. This research is intended to examine the form of dumping regulation and the imposition of anti-dumping import duties according to the 1994 General Agreement on Tariffs and Trade and the anti-dumping import duty policy implemented by the European Union on stainless steel from Indonesia. The research method used is normative juridical. Based on this research, it is known that dumping as competition in the form of price in the form of price discrimination or selling below normal prices is something that often occurs in international trade, the European Union's action in imposing anti-dumping import duties on stainless cold rolled steel products from Indonesia is certainly contrary to anti-dumping agreement, where one of the conditions is that there is a loss due to the presence of dumped goods, but in this study there was no such loss because Indonesia's steel market share in the European Union is still low and the imposition of anti-dumping import duties is inappropriate due to the assessment of imports Indonesian steel market share combined with the market share value of steel imports from India.]]>
<![CDATA[Urgensi Pengaturan Green Economy dalam Undang-Undang Persaingan Usaha Indonesia ]]>
<![CDATA[Junika Sari , Niken]]>;
<![CDATA[Nazar, Jasman]]>
<![CDATA[ Jurnal Persaingan Usaha Vol 5 No 2 (2025): Jurnal Persaingan Usaha ]]>
Publisher : <![CDATA[Komisi Pengawas Persaingan Usaha ]]>
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DOI: 10.55869/kppu.v5i2.210
<![CDATA[The accelerated implementation of Indonesia's green economy is imperative to achieve the Golden Indonesia 2045 vision and the Net Zero Emission target by 2060. However, this initiative is confronted with intricate constraints, including regulatory limitations and ineffective supervisory mechanisms. The Indonesian Competition Law is reputed to possess the capacity to function as an effective instrument in accelerating the implementation of the green economy in Indonesia. Furthermore, there are several crucial aspects that underlie the urgency of regulating the green economy in the Indonesian Competition Law. The objective of this research was to ascertain the role of the Competition Law in accelerating the implementation of the green economy and the urgency of green economy arrangements in the Indonesian Competition Law. Using a normative legal research method with comparative, statutory, and conceptual approaches, the findings indicate that Indonesian Competition Law can play a crucial role. This is achievable through the integration of environmental protection aspects into the framework of the Indonesian Competition Law. Furthermore, the formulation of specific exemption provisions and green guidelines for agreements between business actors focused on environmental protection is expected to have a significant impact on accelerating and optimizing the implementation of the green economy in Indonesia.]]>
<![CDATA[Kolusi Algoritmik: Risiko Kolusi Terselubung AI Pricing dalam Persaingan Usaha ]]>
<![CDATA[Sundari, Ariefah]]>;
<![CDATA[Indriani, Arya Dhita]]>;
<![CDATA[Nadzifah, Umi Nur]]>
<![CDATA[ Jurnal Persaingan Usaha Vol 5 No 2 (2025): Jurnal Persaingan Usaha ]]>
Publisher : <![CDATA[Komisi Pengawas Persaingan Usaha ]]>
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DOI: 10.55869/kppu.v5i2.214
<![CDATA[The rapid development of Artificial Intelligence (AI) in pricing strategies presents both opportunities and significant challenges for market competition. Algorithms designed to optimize pricing may unintentionally facilitate a new form of covert collusion, which is difficult for regulators to detect since it occurs automatically without explicit agreements between firms. This paper aims to analyze the phenomenon of algorithmic collusion in the context of competition law, with particular emphasis on its risks to the principles of fair competition. The study employs a normative-juridical approach through literature review, legal analysis, competition policy assessment, and international case studies. The findings indicate that pricing AI can generate market coordination resembling digital cartels, thereby challenging the effectiveness of existing legal instruments. The main conclusion highlights the urgent need for regulatory adaptation and technology-based oversight to enable competition authorities to anticipate and address algorithmic collusion. The implications of this study underscore the importance of collaboration among regulators, technology developers, and business actors in establishing a responsive legal framework to ensure fairness and sustainability in market competition.]]>
<![CDATA[A Legal Comparison Regarding Abuse of Dominant Position by Online Platforms ]]>
<![CDATA[Nasir, Rifqi Ridlwan]]>
<![CDATA[ Jurnal Persaingan Usaha Vol 5 No 2 (2025): Jurnal Persaingan Usaha ]]>
Publisher : <![CDATA[Komisi Pengawas Persaingan Usaha ]]>
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DOI: 10.55869/kppu.v5i2.225
<![CDATA[The digital market is defined by features such as platform-based operations, extensive use of data, interactions across multiple market sides, and the influence of network effects. Through the use of data, businesses can forecast market movements and analyze consumer behavior, potentially leading to unfair competitive practices. This study is classified as normative legal research. It employs a statutory-regulatory approach, a conceptual framework, and a comparative analysis. The research method involves a literature review supported by qualitative analytical techniques. Considering regulations in various countries, the utilization of consumer data by online platforms is a key factor in evaluating their market dominance and preventing abuse of dominant position. It is essential for the government to establish a the provisions for the use of consumer or user data on online platforms as one of the characteristics of their dominant position through Government Regulation that harmonizes the provisions of Act Number 5 of 1999, Act Number 8 of 1999, and Act Number 27 of 2022, and regulatory framework to classify dominant online platforms like "gatekeepers" designation by considering factors such as a company's financial strength and data processing capabilities.]]>
