TANGGUNG JAWAB HUKUM PERUSAHAAN OVER THE TOP DALAM PERSAINGAN USAHA TELEKOMUNIKASI DI INDONESIA

Abstract

The use of over-the-top (OTT)-based communication services does have several advantages,
including that there is no charge for communicating, compared to making a communication
through a provider network which can be charged. The problem faced is whether there is a need
for legal equalization of OTT companies in the telecommunications sector with
telecommunications service providers in Indonesia? and what are the legal responsibilities of OTT
companies in the telecommunications business competition in Indonesia? The research method
used is a normative juridical legal research method. The results show that the legal equivalent of
OTT companies is that the government requires global OTT cooperation with national operators
under a legal umbrella, the establishment of BUT is based on the provisions of laws and
regulations in the field of taxation, and local and foreign companies pay taxes. The legal
responsibilities of OTT companies in telecommunication business competition in Indonesia are to
provide services and comply with the provisions of laws and regulations in the fields of prohibition
of monopolistic practices and unfair business competition, trade, consumer protection, intellectual
property rights, broadcasting, film, advertising, pornography, anti-terrorism, taxation; and the
provisions of other relevant laws and regulations. There is a need for regulations for OTT not only
for the benefit of local OTT, but for the Unitary State of the Republic of Indonesia.