Pertanggungjawaban Hukum Platform Marketplace Terhadap Peredaran Barang Bermerek Palsu dalam Perdagangan Elektronik

Abstract

The rapid development of electronic commerce through marketplace platforms has created new legal challenges, particularly concerning the circulation of counterfeit branded goods that potentially harm trademark owners, consumers, and fair business competition. This study aims to analyze the legal liability of marketplace platforms for counterfeit trademark products and examine the adequacy of Indonesian legal regulations in providing trademark protection within digital transactions. This research employs a normative juridical method using statutory, conceptual, and case approaches through qualitative analysis of legal materials. The findings indicate that marketplaces cannot be positioned merely as passive intermediaries but as electronic system providers with preventive and corrective responsibilities in controlling trademark violations. However, Indonesian regulations have not established clear standards regarding marketplace liability, resulting in legal uncertainty. This study contributes to the development of digital intellectual property law by proposing stronger regulatory frameworks and enhanced platform accountability to ensure effective trademark protection in e-commerce.