PERLINDUNGAN HUKUM BAGI PELAKU UMKM DALAM PERSAINGAN BISNIS DI INDONESIA

Abstract

This study aims to analyze the forms of legal protection available to Micro, Small, and Medium Enterprises (MSMEs) in facing business competition in Indonesia and to identify the various challenges encountered in their implementation. This research employs a normative juridical approach using a library research method by examining relevant laws and regulations, books, scientific journals, and other literature related to MSME protection and competition law. The findings indicate that legal protection for MSMEs has a relatively strong normative foundation, particularly through Law Number 20 of 2008 concerning Micro, Small, and Medium Enterprises, Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, and Government Regulation Number 7 of 2021. Such protection includes both preventive and repressive measures, including business facilitation, empowerment, intellectual property protection, regulation of partnership relationships, supervision of unfair business competition practices, and law enforcement through the Indonesia Competition Commission (KPPU). However, the effectiveness of such protection still faces several challenges, including low legal literacy, weak bargaining power of MSMEs, limited access to capital, technology, and markets, as well as emerging inequalities within the digital business ecosystem. Therefore, legal protection for MSMEs should not only focus on providing administrative convenience but also on creating a healthy, fair, and proportional competitive environment through stronger supervision, improved legal literacy, protection in business partnerships, and regulatory adaptation to the development of the digital economy.