CD Skripsi
Hubungan Hukum Dan Tanggung Jawab Shopee Dan Tokopedia Dengan Penyedia Jasa Dalam Marketplace Di Indonesia
ABSTRACT
The rapid growth of electronic commerce (e-commerce) in Indonesia, dominated by platforms such as Shopee and Tokopedia, faces a serious challenge with the widespread circulation of counterfeit goods. This phenomenon not only harms consumers and legitimate brand owners but also erodes trust in the digital marketplace ecosystem. Drawing from the analysis of concrete cases, including the circulation of counterfeit Hotto products sold at significantly lower market prices (IDR 220,000 vs. IDR 335,000 for the genuine product) and the discovery of thousands of transactions involving fake branded sports shoes (such as Nike) on the platforms, this research aims to analyze the legal relationship between these marketplaces and their sellers, as well as to evaluate the responsibility and effectiveness of their policies in preventing the distribution of counterfeit products, based on national regulations and internal platform policies.
This study uses a normative legal research method with a qualitative approach, focusing on a case study of Shopee and Tokopedia. Data was collected through library research by examining primary legal sources such as Law No. 11 of 2008 and Government Regulation No. 80 of 2019, secondary sources such as legal journals and books, and tertiary sources including legal dictionaries. The collected data was then analyzed qualitatively using a deductive thinking method to draw conclusions from general legal norms to specific practices.
The research findings, as illustrated by these cases, reveal that although Shopee and Tokopedia have established legal relationships with sellers through adhesion contracts and implemented various preventive measures such as seller verification and detection technologies, their effectiveness remains limited. In the Hotto case, Shopee's filtering technology only automatically detected 30% of counterfeit products, while responses to consumer reports took 7-14 days. Enforcement is often slow and inconsistent, and sanctions for violations are not entirely adequate. Through the lens of John Rawls' theory of justice, this research emphasizes the obligation of these powerful corporate entities to undertake more proactive and equitable efforts to protect weaker parties, such as consumers and MSMEs. This study concludes that enhanced policies, technology integration, and multi-stakeholder collaboration are essential to creating a safer and fairer e-commerce environment in Indonesia..
Keywords: Legal Relationship, Legal Responsibility, Marketplace, Counterfeit Goods, Consumer Protection
Tidak tersedia versi lain