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All Journal HUKUM BISNIS
VERRELL TRISTAN SULISTIANO
Universitas Narotama
Law, Crime, Criminology & Criminal Justice

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MEDIASI PENAL DALAM PERKARA PIDANA HAK KEKAYAAN INTELEKTUAL SEBAGAI BENTUK KEADILAN KOREKTIF DALAM SISTEM PERADILAN PIDANA VERRELL TRISTAN SULISTIANO
Jurnal HUKUM BISNIS Vol 10 No 7 (2026): Volume 10 No 7 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Law enforcement against violations of Intellectual Property Rights (IPR) in Indonesia has predominantly relied on repressive criminal sanctions. Such an approach often raises legal concerns, as IPR tes are fundamentally associated with economic interests and legal relationships between rights holders and other parties. In this context, the immediate use of criminal punishment may disregard the principle of proportionality and hinder more effective mechanisms for resolving conflicts. This study aims to analyze the legal construction of penal mediation in intellectual property crimes and to assess its relevance as a form of corrective justice within the criminal justice system. This research employs normative legal research using statutory and conceptual approaches by examining legislation, legal doctrines, and international legal instruments related to restorative justice and penal mediation. The findings indicate that both international legal developments and national regulations have provided a legal basis for the application of penal mediation as a more proportional mechanism for resolving criminal disputes. Provisions within the Copyright Law and the Patent Law even place mediation as a procedural requirement before criminal prosecution may be pursued. This demonstrates that penal mediation functions as a corrective mechanism within the criminal justice system, balancing the protection of intellectual property rights, business sustainability, and public interest. Therefore, the application of penal mediation in IPR cases should be recognized as an essential instrument to promote a more effective, proportional, and restorative approach to law enforcement. Keywords: Penal Mediation, Intellectual Property Rights, Restorative Justice, Ultimum Remedium
SANKSI PIDANA DALAM PERATURAN PERUNDANG-UNDANGAN HAK KEKAYAAN INTELEKTUAL BERDASARKAN PRINSIP ULTIMUM REMEDIUM VERRELL TRISTAN SULISTIANO
Jurnal HUKUM BISNIS Vol 10 No 2 (2026): Volume 10 No 2 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Intellectual Property Rights (IPR) fundamentally constitute private rights arising from civil legal relations and primarily aim to protect the economic interests of right holders. Nevertheless, Indonesian legislation incorporates criminal sanctions as an enforcement mechanism, as reflected in Law Number 28 of 2014 on Copyright, Law Number 13 of 2016 on Patents, and Law Number 20 of 2016 on Trademarks and Geographical Indications. The deployment of criminal law within the domain of private rights raises significant theoretical and policy concerns, particularly regarding the principle of ultimum remedium, which requires criminal sanctions to function as a last resort. This research critically examines whether criminalization within the Indonesian IPR regime genuinely reflects the ultimum remedium principle or instead indicates a tendency toward overcriminalization. Employing normative legal research with statutory and conceptual approaches, the study finds that although most IPR offenses are complaint-based, the severity of criminal penalties and the broad scope of criminal provisions risk transforming criminal law from a protective instrument into a disproportionate coercive mechanism. Such development potentially distorts the balance between exclusive rights protection and public interest, while blurring the boundary between private and public law enforcement. This study argues for a recalibration of criminal law policy in the IPR regime, limiting criminal sanctions strictly to large-scale, commercial, and systemic infringements, thereby preserving the principles of ultimum remedium, legal certainty, and substantive justice. Keywords: Intellectual Property Rights, criminalization, ultimum remedium, overcriminalization, criminal law policy
KEKUASAAN DALAM PENYELENGGARA PEMERINTAH DAERAH VERRELL TRISTAN SULISTIANO
Jurnal HUKUM BISNIS Vol 10 No 4 (2026): Volume 10 No 4 2026
Publisher : Fakultas Hukum Universitas Narotama

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Indonesia is a state based on the rule of law which places the limitation and distribution of power as a fundamental principle in the administration of government. Within the framework of the Unitary State of the Republic of Indonesia, the division of authority between the central government and regional governments serves as an essential mechanism to ensure effective governance and to promote public welfare. The diversity of Indonesian society, consisting of various ethnic groups, cultures, and customary legal systems, also influences the formulation of regional policies. Consequently, regional regulations must accommodate local needs while remaining consistent with higher legal norms, particularly the 1945 Constitution of the Republic of Indonesia. This study aims to analyze the relationship pattern between regional executive institutions and regional legislative institutions as well as the distribution of power between the central and regional governments within the Indonesian constitutional system. The research employs a normative legal research method with a statutory approach. The findings indicate that the relationship between regional executive and legislative institutions is essentially based on a partnership model grounded in the principle of checks and balances in regional governance. Furthermore, the distribution of power between the central and regional governments is implemented through decentralization mechanisms regulated by legislation to maintain a balance of authority and ensure effective governance within a constitutional state. Keywords: distribution of power, central government, regional government
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