TANGGUNG JAWAB HUKUM PPMSE DALAM TRANSAKSI BARANG PALSU DI PLATFORM MARKETPLACE SEBAGAI BENTUK PERLINDUNGAN HUKUM BAGI KONSUMEN

This study aims to analyze the legal position of platform marketplace, the form of legal protection for consumers due to the purchase of counterfeit goods on platform marketplace, and the legal responsibility of platform marketplace as PPMSE for the sale of counterfeit goods by business actors. This study is a normative legal study using a legislative and conceptual approach. The legal position of platform marketplace is as business actors that provide communication facilities and facilitate transactions between sellers (merchants) and consumers. Based on PP PMSE, PPMSE parties have the authority to create standard contracts to regulate the terms and conditions of their users. There are two types of legal protection for consumers who purchase counterfeit goods on platform marketplace: preventive legal protection (supervision and guidance) and repressive legal protection (dispute resolution through non-litigation and litigation mechanisms).
Dispute resolution through non-litigation mechanisms is divided into two types: internal dispute resolution and external dispute resolution. The form of legal liability for PPMSE, including platform marketplace in Indonesia, uses the form of Limited Liability (Safe Harbor Liability), which makes PPMSE liable to a limited extent as long as it fulfills its obligations to verify merchant identities, provide a complaint mechanism for consumers, and implement notice and takedown if there is illegal electronic content that violates laws and regulations, including counterfeit goods that violate the Trademark Law and the UUPK. However, this form of liability is considered inadequate. Therefore, researchers suggest revising the PP PMSE by adding provisions related to the obligation of PPMSE to implement digital product authentication features to distinguish between genuine and
counterfeit products on their sites. That way, the form of PPMSE liability will change to Gatekeeper Liability.