Nazwa Rahmannina Rustandi
UIN Sunan Gunung Djati Bandung

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Dupe Culture in Intellectual Property Law: Between Consumer Expression and Trademark Infringement Naila Aulia Rahmah Virhanida; Nazwa Rahmannina Rustandi; Putri Nur Wisudawati; Nesya Salwa Nurfadhilah
VARIA HUKUM Vol. 7 No. 2 (2025): VARIA HUKUM: Jurnal Forum Studi Hukum dan Kemasyarakatan
Publisher : Ilmu Hukum, Sharia and Law Faculty, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/vh.v7i2.46633

Abstract

The phenomenon of dupe culture—the trend of purchasing imitation products—has emerged as a growing consumer behaviour, particularly among younger, urban popular­tions seeking access to premium lifestyles at affordable prices. While economically viewed as a form of market inclusivity, this practice presents complex legal dilemmas, especially in the realm of Intellectual Property Rights (IPR) and trademark protection. This article critically examines how dupe culture operates within the blurred lines between inspired innovation and trademark infringement, and how Indonesian regulations respond to this challenge. Employing a normative and comparative legal approach, the study analyses regulatory gaps in trademark law and evaluates potential solutions, including ethical dupe certification, industry licensing collaborations, and consumer education. The findings suggest that an adaptive, participatory legal framework grounded in public literacy is essential to restructure duplicative practices in a way that safeguards creators' rights without stifling market dynamics. Consequently, dupe culture should not be viewed solely as a threat, but as an opportunity for IPR reform and the strengthening of the national creative industry ecosystem.
Konstruksi Yuridis Ganti Kerugian Perdata Akibat Pelanggaran Data Pribadi (Doxing) Berdasarkan Pasal 12 UndangUndang Nomor 27 Tahun 2022 tentang Perlindungan Data Pribadi dalam Perspektif Perbuatan Melawan Hukum Nazwa Rahmannina Rustandi
Jurnal Hukum Lex Generalis Vol 7 No 4 (2026): Tema Hukum Perdata dan Kenotariatan
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i4.3613

Abstract

The practice of doxing, in the form of disclosing personal data without a lawful basis, may cause non-material harm to victims, while the parameters for compensation under Law Number 27 of 2022 concerning Personal Data Protection remain inadequately regulated. This study is relevant because an initial legal basis is needed for victims of personal data violations to seek remedies through Indonesian civil law mechanisms. This article constitutes normative legal research employing statutory, conceptual and comparative approaches. The study aims to analyze the construction of civil liability for doxing perpetrators and to formulate a basic reconstruction of the mechanism for determining non-material damages for victims. The findings show that doxing may be qualified as an unlawful act by positioning Article 12 of the PDP Law as the basis for the right to sue and Article 1365 of the Indonesian Civil Code as the framework for proof. This study also proposes a factor-based assessment model for determining non-material damages, using Article 82 of the General Data Protection Regulation as a principled reference that must be adapted to the Indonesian legal system. In conclusion, this study is not intended to serve as a final guideline for determining damages, but rather as an initial legal basis for doxing victims in constructing civil claims and as a conceptual foundation for developing parameters of non-material damages in Indonesia. The practice of doxing, in the form of disclosing personal data without a lawful basis, may cause non-material harm to victims, while the parameters for compensation under Law Number 27 of 2022 concerning Personal Data Protection remain inadequately regulated. This study is relevant because an initial legal basis is needed for victims of personal data violations to seek remedies through Indonesian civil law mechanisms. This article constitutes normative legal research employing statutory, conceptual and comparative approaches. The study aims to analyze the construction of civil liability for doxing perpetrators and to formulate a basic reconstruction of the mechanism for determining non-material damages for victims. The findings show that doxing may be qualified as an unlawful act by positioning Article 12 of the PDP Law as the basis for the right to sue and Article 1365 of the Indonesian Civil Code as the framework for proof. This study also proposes a factor-based assessment model for determining non-material damages, using Article 82 of the General Data Protection Regulation as a principled reference that must be adapted to the Indonesian legal system. In conclusion, this study is not intended to serve as a final guideline for determining damages, but rather as an initial legal basis for doxing victims in constructing civil claims and as a conceptual foundation for developing parameters of non-material damages in Indonesia.