Pertanggungjawaban Hukum Pelaku Usaha pada Platform E-Commerce atas Penjualan Produk Skincare Palsu (Studi Kasus pada Toko @beauty.flo di Shopee)

Abstract

The advancement of technology has driven a shift from conventional trade systems to electronic commerce (e-commerce), with Shopee emerging as one of the largest platforms in Indonesia. However, this convenience has also led to legal challenges, particularly the rampant sale of counterfeit skincare products that harm consumers. This research aims to examine: (1) the legal regulations concerning the sale of counterfeit skincare products in Indonesia; (2) the form of legal protection available to Shopee consumers; and (3) the legal liability of business actors for the sale of counterfeit skincare products on e-commerce platforms. This study employs normative and empirical legal research methods, using statutory, conceptual, and socio-legal approaches. Data were collected through literature review and questionnaires distributed to 35 consumers harmed by counterfeit skincare products sold by the Shopee store @beauty.flo. The results show that Indonesia’s legal framework—such as the Consumer Protection Act, the Electronic Information and Transactions Law, and Government Regulation on Electronic Trade—provides a sufficient normative basis for liability. However, its implementation remains weak, as indicated by the lack of effective oversight, suboptimal complaint systems, and the absence of concrete accountability from both platforms and business actors. Empirical findings reveal that most respondents suffered both physical and financial losses but received no proper compensation. Therefore, legal protection in practice remains formalistic and fails to offer substantive remedies. A reformulation of e-commerce liability mechanisms is urgently needed, including the imposition of proactive responsibilities on digital platforms.