THE DIGITAL VULNERABILITY OF COMMUNAL WEALTH: CRITICAL ANALYSIS OF MPIG’S SUPERVISORY AND LAW ENFORCEMENT CAPACITY IN THE INDONESIAN E-COMMERCE ECOSYSTEM

Ivan Immanuel Chrisvianto

No pndwg_v1, LawArchive from Center for Open Science

Abstract: Geographical Indications (GIs) serve as crucial communal intellectual property rights for preserving local heritage and accelerating regional economic growth in Indonesia. However, the massive migration of trade to e-commerce platforms has introduced novel threats, including trademark infringement, counterfeit claims of origin, and commercial reputation piracy. Under Law No. 20 of 2016 on Trademarks and Geographical Indications, the Geographical Indication Protection Community (MPIG) holds the legal mandate as the primary guardian of product originality. This academic article critically examines the juridical and factual capacity of MPIGs in confronting rampant GI infringements within the digital sphere. Utilizing a normative legal research method with statutory and conceptual approaches, this study exposes a severe capacity asymmetry. The findings demonstrate that existing regulations fail to provide adaptive digital enforcement instruments for communal institutions like MPIGs. Furthermore, structural barriers, including a lack of digital forensic technology, absence of independent funding, and the safe harbor policies of e-commerce platforms, isolate MPIGs from the enforcement ecosystem. This article recommends regulatory reconstruction to mandate AI-driven proactive metadata filtering by digital platforms, interconnected directly with MPIG and the Directorate General of Intellectual Property databases. Keywords: Geographical Indications, MPIG, E-Commerce, Digital Law Enforcement, Communal Rights.

Date: 2026-06-18
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Persistent link: https://EconPapers.repec.org/RePEc:osf:lawarc:pndwg_v1

DOI: 10.31219/osf.io/pndwg_v1

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