Analisis Hukum Kepemilikan Terhadap Big Data dan Essential Facility dalam Perspektif Hukum Persaingan Usaha di Indonesia

Pujo Santoso

No wvfbx, OSF Preprints from Center for Open Science

Abstract: The legal protection of ownership over Big Data has become a crucial issue in this digital era, particularly regarding Big Data and Essential Facility. This research adopts a library research method. In Indonesia, there is currently no specific regulation governing the ownership of Big Data. However, the Digital Economy Principles in Indonesia have acknowledged the need for data protection as a critical asset. This indicates that legal protection of Big Data ownership is an urgent issue. Furthermore, the concept of Essential Facility is also relevant in this context. Essential Facility refers to the infrastructure vital for competitors to operate effectively in specific industries. In the case of Big Data, the platform or infrastructure that stores, manages, and provides access to large-scale data can be considered an Essential Facility. The main challenges in regulating Big Data and Essential Facility lie in the technical complexity and cross-border nature of such data. The limitations of national jurisdiction and the lack of a comprehensive international framework hinder effective regulation of data ownership and access.

Date: 2023-06-25
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DOI: 10.31219/osf.io/wvfbx

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