PENGATURAN PEMANFAATAN ALGORITMA PADA PERDAGANGAN MELALUI SISTEM ELEKTRONIK DALAM PERSPEKTIF HUKUM PERSAINGAN USAHA

The potential positive impact of using algorithms in Electronic Trading (PMSE) also comes with potential negative impacts, such as unfair business competition. This issue is exacerbated by the absence of regulations in Indonesia that directly and clearly govern the use of data by algorithms in the context of PMSE business competition. This study aims to identify the weaknesses of Indonesia's current positive law in preventing unfair business competition resulting from the use of PMSE algorithms and to analyze the ideal regulations for the utilization of PMSE algorithms from a competition law perspective. This research is normative juridical research with a statute approach and conceptual approach. The legal materials used include primary and secondary legal materials. The collection of these legal materials uses literature study and internet access techniques, which are then analyzed qualitatively. The results of this study indicate that Indonesia's current positive law still has weaknesses in regulating the use of algorithms in PMSE, particularly in the aspect of business competition. These weaknesses include the regulation of price-fixing agreements, discrimination against certain business actors, and price discrimination as well as transparency in the use of PMSE algorithms. The ideal regulation in governing PMSE algorithms from a business competition perspective includes: regulating transparency in the use of algorithms through reporting mechanisms, self-audits, and strict supervision. Secondly, price algorithms should be regulated to avoid direct reference to competitors' prices and instructions from third parties that influence pricing. Thirdly, discriminatory practices by algorithms must be prevented, including manipulative recommendations and unfair treatment of traders. Finally, personal data protection regulations must ensure options for consumers regarding data collection.