ANALISIS PENGGUNAAN ALGORITMA HARGA SEBAGAI BENTUK PERJANJIAN PENETAPAN HARGA DI INDONESIA

Abstract

Pricing algorithm is a form of digitalization in the business sector. Pricing algorithm offers efficiency in making decisions regarding the pricing of good/services. Unfortunately, pricing algorithm can also be misused. One form of the misuse is to apply the pricing algorithm as a tool to adjust prices according to the prices used by business competitors. At this point, potential violations of Article 5 of Law Number 5 Year 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition emerge. This article regulates the prohibition of price fixing agreements. Pricing agreements are prohibited because they require consumers to purchase goods above competitive prices. Based on this background, issues to be discussed in this study are 1) the use of the pricing algorithm as a form of price fixing agreement and 2) proof of the use of the pricing algorithm as a form of price fixing agreement. This study uses a doctrinal method with a statutory and conceptual approach. From the analysis it can be concluded that 1) the use of pricing algorithm in which there is an order to adjust prices to competitor prices basically has the potential to become a form of price fixing agreement because it can fulfill the elements of Article 5 of Law 5/1999. 2) In proving the use of algorithms as a price fixing agreement, it is actually quite difficult because it has to meet the minimum bewijs. Most likely the existence of the algorithm itself is only evidence of clue which is classified as indirect evidence. Its existence must be supported by plus factors in the form of rationality analysis of pricing, market structure analysis, analysis of performance data, and/ or analysis of the use of collusion facilities.