Pertanggungjawaban Platform E-Commerce Terhadap Penjualan Produk Tiruan (Counterfeit Goods) Oleh Pelaku Usaha di Indonesia

Abstract

This article examines the liability of e-commerce platforms for the sale of trademark-infringing goods in Indonesia. Although the Trademark and Geographical Indications Law and the Electronic Information and Transactions Law prohibit counterfeit goods, no specific regulation addresses platform responsibility. Using a normative juridical method and comparative analysis with European law, this study finds that e-commerce platforms may be liable as intermediaries for infringing goods sold on their systems. However, they are not liable under Article 1365 of the Indonesian Civil Code if they are unaware of the infringement, issue warnings, and remove the content. This aligns with the ECJ decision in L’Oréal v. eBay. The article concludes that Indonesia must establish clear rules on platform liability to effectively address online trademark infringement.