Perlindungan Hukum terhadap Pelanggaran Merek Dagang di Platform Marketplace Online di Indonesia (Studi Kasus Tiktok Shop)

Abstract

The rapid growth of social commerce has transformed Indonesia's digital marketplace while increasing trademark infringement, particularly on TikTok Shop. This study analyzes the legal framework for trademark protection, examines the implementation of legal protection mechanisms on TikTok Shop, and identifies challenges in enforcing trademark rights in digital commerce. The research employs a normative juridical method using statutory, conceptual, and case approaches. Primary legal materials include Law Number 20 of 2016 on Trademarks and Geographical Indications and related electronic commerce regulations, while secondary materials consist of scholarly articles, legal literature, official documents, and relevant case studies. The findings show that Indonesia's legal framework provides comprehensive civil and criminal protection for registered trademarks; however, enforcement remains constrained by anonymous sellers, rapid content distribution, reactive platform governance, and limited institutional coordination. Strengthening regulatory harmonization, enhancing platform due diligence, improving notice-and-takedown mechanisms, and reinforcing institutional collaboration are essential to establishing a more effective and adaptive trademark protection system in the evolving social commerce ecosystem.