Juridical Review of the Piracy of Local Fashion Designs by Foreign Marketplaces: A Case Study of Hand-Drawn Batik and Tenun Designs on Shopee and Alibaba (2023–2024)
Year: 2025
Type: article
Abstract: This study aims to provide a juridical analysis of the increasing piracy of Indonesian local fashion designs, particularly hand-drawn Batik (batik tulis) and Tenun, by foreign e-commerce platforms such as Shopee and Alibaba during the period of 2023 to 2024. As globalization accelerates digital trade, traditional cultural expressions (TCEs) become increasingly vulnerable to unauthorized commercial use. The research applies a normative juridical approach, examining existing national laws on intellectual property rights and international legal instruments that regulate the protection of traditional and cultural designs. Through a case study method, this paper explores several instances of unauthorized sales of Indonesian fashion motifs abroad, the legal responses from domestic stakeholders, and the challenges in enforcing design protection in a cross-border digital market. The findings indicate that weak legal enforcement mechanisms and limited recognition of TCEs in international forums hinder the effective protection of Indonesian cultural assets. The study recommends stronger bilateral agreements, digital surveillance cooperation, and the establishment of a national database for cultural designs to prevent future infringements.
Authors: Jofana Elsa Permatasari, Budi Santoso
Institution: Diponegoro University
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4413931067