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Marthen Alnoldus Rehabean Manongga
Universitas 17 Agustus 1945 Jakarta
Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Liability of Marketplaces for IPR Infringements on MSME Products Following the ITE Law Amendment Marthen Alnoldus Rehabean Manongga
Social Sciences Journal Vol. 3 No. 2 (2026): August
Publisher : Universitas Dehasen Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/sosj.v3i2.1838

Abstract

Indonesia's rapid e-commerce growth has made User-Generated Content (UGC) marketplaces central to the digital economy, while also increasing civil cyber infringements of intellectual property rights (IPR) affecting Micro, Small, and Medium Enterprises (MSMEs). Counterfeit trademarks and copied industrial designs sold through predatory pricing threaten brand goodwill and business sustainability. This study analyzes the shift in marketplace legal liability from passive Safe Harbor immunity toward risk-based liability after Law Number 1 of 2024, the Second Amendment to the ITE Law. Using normative legal research with statutory, conceptual, and comparative approaches, including comparison with the European Union's Digital Services Act (DSA), the study finds that the phrase “reliable and responsible” in Article 15(1) reconstructs a Statutory Duty of Care. Marketplaces may no longer rely solely on reactive Notice and Take Down mechanisms where passive omission or gross negligence toward recurring IPR infringements is established. Implementing regulations should adopt Notice and Action and Notice and Stay Down mechanisms, Trusted Flagger criteria, and vicarious liability to strengthen legal certainty and Indonesia's digital economic sovereignty.
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