Analisa Perbandingan Praktek Penyalahgunaan Posisi Dominan dalam Hukum Persaingan Usaha Antara Indonesia dan Malaysia

Abstract

One of the goals of the ASEAN Economic Community Blueprint 2025 is to create an ASEAN that is competitive, innovative and dynamic. The existence of Regional Guidelines on Competition Policy is to adapt national legislation in the context of business competition law. One of the policy areas that is recommended to be regulated is abuse of dominant position. Indonesia and Malaysia already have laws that regulate unfair business competition. Both countries have the same policies regarding abuse of dominant positions. This thesis will analyze business competition law, especially in the practice of abuse of dominant position with reference to knowledge related to business competition law, practice instruments for abuse of dominant position, as well as cases of abuse of dominant position that have occurred. The research method used is a normative legal method with a comparative study approach. This research is descriptive in nature by describing legal phenomena obtained from literature studies. There are several differences and similarities in the application of business competition law, especially in the practice of abusing a dominant position in Indonesia and Malaysia in terms of laws, guidelines and cases that have occurred in these two countries. Differences in business competition law include legal systems, legal subjects, prohibited practices and sanctions regulated by law. In regulations regarding abuse of a dominant position, the differences include the characteristics of dominant legal subjects, methods for determining the relevant market, and descriptions related to practices that are classified as abuse of a dominant position. There are also several similarities in the regulation of business competition law and abuse of dominant position, such as the duties and authority of law enforcement institutions, the definition of dominant position, and the concepts used to categorize business competition law subjects who abuse dominant position.