Draft Bill on Anti-Monopoly Introduces Limits on Electronic Evidence

The deliberation of the Draft Bill (“Anti-Monopoly RUU”) on the Third Amendment to Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition, as most recently amended by Law No. 1 of 2026 on Criminal Adjustment (collectively referred to as “Law 5/1999”), introduces electronic evidence as one of the admissible forms of evidence in the investigation and assessment of violations of competition law.

“Electronic evidence will be regulated. Digital data can now be used as evidence,” stated Sturman Panjaitan, Member of the Working Committee (Panja) of the Anti-Monopoly RUU under Commission VI of the House of Representatives of the Republic of Indonesia (“DPR RI”), in an interview with Hukumonline.

Sturman explained that the inclusion of electronic evidence as an evidentiary tool in competition law investigations is intended to keep pace with developments in the digital economy. The specific forms of electronic evidence will be further clarified by the Working Committee by introducing criteria and limitations on data access for evidentiary purposes, particularly to prevent manipulation practices involving artificial intelligence (“AI”).

“However, we must also be cautious about the use of AI in evidence. It can be dangerous as well,” he added.

According to the draft of the Anti-Monopoly RUU obtained by Hukumonline, the inclusion of electronic evidence is set out in Article 38 paragraph (3), alongside other forms of evidence such as documents, witness testimony, expert testimony, statements of the reported party, and/or indicia evidence.