Digital Platform Data And Algorithm Control In Competition And Islamic Law Perspective Toward Digital Ihtikar

Abstract

The rapid expansion of digital platforms has increased the concentration of control over user data and algorithmic systems, enabling dominant companies to influence market access, pricing visibility, and consumer behavior. This development raises significant concerns regarding market power and fair competition in the digital economy. This study examines the legal implications of data and algorithmic dominance through the perspectives of Indonesian competition law and Islamic economic law. It introduces the concept of digital ihtikar as a normative framework for understanding contemporary forms of monopolistic practices in digital markets. Using a normative legal research method with conceptual and comparative approaches, the study analyzes competition regulations alongside classical and contemporary interpretations of ihtikar in Islamic jurisprudence. The findings show that existing competition law has limitations in addressing algorithmic opacity and data-driven market gatekeeping. Meanwhile, Islamic economic principles provide a broader ethical foundation that emphasizes justice, fairness, and public welfare. Both legal perspectives recognize excessive control over data and algorithms as a form of digital ihtikar that undermines fair competition. The study concludes that reinterpreting ihtikar within the digital economy can strengthen legal responses to platform dominance while promoting more equitable and competitive digital markets.