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Legal Liability of E-Commerce Site Against Sales of Counterfeit Trademarks Products Rani, Marnia; Sibarani, Hos Arie Rhamadhan; Swastiwi, Anastasia Wiwik; Haryanti, Dewi
JURNAL MERCATORIA Vol. 18 No. 1 (2025): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i1.14193

Abstract

This article examines the legal liability of e-commerce platforms for selling counterfeit trademark products in Indonesia. The problem focuses on the extent of responsibility e-commerce platforms hold under Indonesian trademark law, particularly Law Number 20 of 2016 on Marks and Geographical Indications and Law Number 28 of 2014 on Copyrights. A statutory approach is used as a theoretical reference to approach this problem. The data is collected by qualitatively analyzing relevant legislation and policies. The study results show that the Trademark Law in Indonesia has not regulated the sale of products using counterfeit brands in e-commerce. The Copyright Law in Indonesia only regulates that the manager of a trading place can be held accountable if a sale of products violates copyright. In contrast, the Trademark Law does not restrict this. So that confusion arises: can the organizer of an electronic system in online buying and selling be held civilly liable if their e-commerce site provides products using counterfeit brands.
From Sacred to Marketed: How Economic Value Has Diminished the Meaning of Traditional Cultural Expressions Rani, Marnia; Sibarani, Hos Arie Rhamadhan; Swastiwi, Anastasia Wiwik; Nuraini, Lia; Hidayat, Muhammad Fajar
JURNAL AKTA Vol 13, No 1 (2026): March 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i1.47367

Abstract

This study examines the challenges in the process of recording Traditional Cultural Expressions (TCEs). TCE recording requires economic value to obtain protection as communal intellectual property. The rejection of the recording of Talam Sehidang (Makan Sehidang Berlima) as a TCE from the Kepulauan Riau Province. This study uses a normative legal research method that analyzes data qualitatively. The study finds that policymakers frequently exclude SWES traditions rich in moral and spiritual significance from legal protection because they perceive such traditions as lacking direct economic value. However, communities and local governments can generate economic value through active cultural preservation after recording. The requirement of economic value hampers the recording of TCEs. This paper proposes an inclusive TCE recording procedure for communal intellectual property. So that TCEs can be legally recognized and then developed by the host community to be economically valuable. It also provides procedural guidance for local communities to protect culturally meaningful expressions through preservation-based approaches. Economic formalism in cultural recording risks disempowering Indigenous communities and reducing heritage to market logic. By restoring philosophical and moral dimensions to legal recognition, cultural policy can promote equity and protect identity. The lack of documentation for ancient TCE and the economic value requirement for TCE recording led to the failure of the recording process. Thus, this research proposes changes to the requirements in the traditional cultural expression recording policy to prioritize philosophical values alongside economic values. The novelty of this study lies in its critique of the TCE recording process, which requires economic value, making it difficult for cultural actors to obtain protection for TCE as communal intellectual property. However, recording can potentially create income for cultural actors by creating activities such as tourism based on traditional cultural expressions.