Legal Position of Marketplaces Regarding Counterfeit Product Disputes from a Positive Law Perspective in Indonesia
Abstract
The purpose of this study is to analyze the legal standing of Marketplaces regarding counterfeit product disputes from the perspective of Indonesian positive law, examine the forms of legal responsibility, and examine the dispute resolution mechanism through Online Dispute Resolution (ODR). The development of Marketplaces in Indonesia has given rise to new challenges in the form of the rampant circulation of counterfeit products that are detrimental to consumers. This study uses a normative juridical approach with an analysis of laws and regulations such as the Consumer Protection Law (UUPK), the ITE Law, and the PP PMSE (Emergency Business Entity Regulation), and is supported by case studies and legal protection theories by Philipus M. Hadjon, the legal certainty theory by Gustav Radbruch, and the justice theory by John Rawls. The results of the study indicate that Marketplaces as business actors providing electronic systems have legal responsibilities that can include civil, administrative, and criminal aspects, although there is still a lack of clarity in norms that create legal uncertainty. On the other hand, Online Dispute Resolution (ODR) has proven effective as a fast and easily accessible non-litigation dispute resolution mechanism, but still requires special arrangements to ensure standardization and enforceability. Therefore, this study recommends affirming legal norms, strengthening supervision of Marketplace platforms, and developing a national ODR system to achieve optimal consumer protection.
How to Cite This Article
Siti Khairunnisa, Kurniawan, I Gusti Agung Wisudawan (2026). Legal Position of Marketplaces Regarding Counterfeit Product Disputes from a Positive Law Perspective in Indonesia . International Journal of Judicial Law (IJJL), 5(3), 219-223. DOI: https://doi.org/10.54660/IJJL.2026.5.3.219-223