Potential abuse of the dominant position of Indonesian islamic banks in legal perspective business competition

Khutub, Muhammad (2022) Potential abuse of the dominant position of Indonesian islamic banks in legal perspective business competition. Az Zarqa': Jurnal Bisnis Hukum Islam, 14 (1). pp. 1-18. ISSN 2809-3569

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Abstract

This objective study to examine the potential for abuse of the dominant position in Article 25 of Law no. 5/1999 in the context of business competition law against Bank Syariah Indonesia (Bank Syariah Indonesia). The Bank Syariah Indonesia merger is intended to increase the competitiveness of Islamic Commercial Banks (BUS) in providing services to customers so that they are equivalent to the services of conventional commercial banks. As is well known, the implementation of the Bank Syariah Indonesia merger has resulted in the potential for abuse of the dominant position in the Islamic banking industry, where Islamic commercial banks (BUS) have been reduced from 14 to 12. This activity also has the possibility of unfair business competition, which is clearly prohibited. according to Law no. 5/1999. The research method used is library research where the research is descriptive with a juridical-normative approach taken from secondary data through library research by analyzing data from primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the study, it is understood that the potential for abuse of the dominant position in Bank Syariah Indonesia is not only seen from its competitors, namely other Islamic banks, but also must be seen from the perspective of customers and the community as service users also play an active role in assessing customer satisfaction based on their respective performances. banking sector. So far, based on the criteria of article 25 above, Bank Syariah Indonesia is very far from the potential for abuse of its dominant position, even though in its assessment Bank Syariah Indonesia is in a dominant position.

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