| dc.description.abstract | Trademark counterfeiting is a criminal offense that harms trademark owners, business actors, and consumers, while also threatening the protection of Intellectual Property Rights (IPR). Effective law enforcement is essential to ensure legal certainty, particularly in Medan City. This study examines : (1) the criminal law regulations on trademark counterfeiting in Indonesia ; (2) the scope of criminal legal protection based on District Court Decision No. 2152/Pid.Sus/2024/PN Mdn ; and (3) the challenges in implementing legal protection for trademarks under Law No. 20 of 2016.
This research adopts an empirical juridical approach, utilizing primary, secondary, and tertiary legal materials, along with field studies through interviews. The data were analyzed qualitatively.
The findings show that trademark counterfeiting is regulated under Law No. 20 of 2016, particularly Article 100 paragraphs (1) and (2), with criminal sanctions of up to 5 years of imprisonment and/or a fine of IDR 2 billion, and heavier penalties if the counterfeiting causes serious consequences. If forged documents are involved, perpetrators may also be charged under Article 263 of the Indonesian Penal Code with up to 6 years of imprisonment. District Court Decision No. 2152/Pid.Sus/2024/PN Mdn demonstrates firm criminal legal protection, where the defendants were sentenced to imprisonment and fines, and the counterfeit goods were ordered to be destroyed. This decision affirms the state’s role in protecting trademark holders’ rights and consumer interests through criminal law. However, the implementation of trademark protection in Medan faces several obstacles under Law No. 20 of 2016, including : the classification of trademark infringement as a complaint-based offense (delik aduan), which makes prosecution dependent on reports from trademark owners ; differing interpretations of the law between experts and the Directorate General of IPR that confuse investigators ; a lack of coordination and transparency among law enforcement agencies ; the widespread circulation of counterfeit products that are difficult to control ; and law legal awareness among business actors and consumers regarding the importance of trademark protection.
To address these challenges, it is recommended that business actors, law enforcement, and the public improve their legal understanding through education and outreach. Law enforcement must be firm and consistent, supported by both preventive and curative approaches. Revisions to the complaint-based offense provisions are also necessary to ensure that legal protection is not solely dependent on reports from aggrieved parties. | en_US |
