Jurnal Smart Hukum (JSH)
Vol. 5 No. 3 (2027): February-May

Counterfeiting Of Imported Footwear Brands On The Shopee E-Commerce Platform: A Perspective Based On Mui Fatwa No. 1/MUNAS VII/MUI/15/2005

Arfan Ihsandi (Faculty of Sharia and Law, State Islamic University of North Sumatra, Medan, North Sumatra, Indonesia)
Uswatun Hasanah (Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
06 Nov 2026

Abstract

The rapid development of e-commerce has facilitated the circulation of imported branded footwear while also creating opportunities for trademark counterfeiting on digital marketplaces such as Shopee. This study examines the forms and modes of imported footwear trademark counterfeiting on Shopee and analyzes the practice from the perspective of MUI Fatwa No. 1/MUNAS VII/MUI/15/2005 and Indonesian positive law. The study addresses the limited discussion connecting trademark counterfeiting in digital commerce with the Islamic legal status of Intellectual Property Rights as huqūq māliyyah. This study employs normative legal research using statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary legal materials collected through library research and analyzed qualitatively. The results show that trademark counterfeiting on Shopee occurs through the unauthorized use of brand names, logos, labels, and packaging, as well as misleading product information, the use of original product images for counterfeit goods, and promotional strategies intended to attract consumers. From the perspective of MUI Fatwa No. 1/MUNAS VII/MUI/15/2005, Intellectual Property Rights constitute huqūq māliyyah that must be protected, making unauthorized counterfeiting contrary to the principles of property protection, justice, and honesty in Islamic transactions. Under Indonesian positive law, such practices may constitute violations of Law No. 20 of 2016 concerning Trademarks and Geographical Indications and Law No. 8 of 1999 concerning Consumer Protection, subject to the fulfillment of the applicable legal elements. This study contributes to the development of Islamic economic law by integrating the Islamic and positive legal perspectives on trademark counterfeiting in digital commerce.

Copyrights © 2027






Journal Info

Abbrev

jsh

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Smart Hukum (JSH) E-ISSN. 2961-841X is a Legal science journal issued by Inovasi Pratama Internasional. Ltd. The Editorial Board only accepts research and discussion in the field of law which is already in the form of journal articles to be considered for publication. The focus of this ...