Ajeng Wijayanti, Mery
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Penjatuhan Pidana dalam Tindak Pidana Pelanggaran Hak Desain Industri Mengacu pada Putusan Kasasi MA No 1609 K/Pid.Sus/2020 Annisya Juwansari, Citra; Ajeng Wijayanti, Mery; Karyn Firda Faridyan; Siti Nur Halimah Monica
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 4 No. 5 (2024): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik (Juli - Agustus 2024)
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v4i5.2196

Abstract

Industrial design is a creation about the shape, configuration, or composition of lines or colors, or lines and colors or a combination thereof in three-dimensional or two-dimensional forms that give an aesthetic impression. Diansari Puri Plastindo who has a Bath Tub Industrial Design certificate registered with the Directorate of Copyright and Industrial Design at the Indonesian Ministry of Law and Human Rights with Registration Number IDD00000035015. There is a problem formulation, namely Does the Judge's Consideration state that the article indicted by the Public Prosecutor based on Article 54 paragraph juncto Article 9 paragraph Law Number 31 of 2000 concerning Industrial Design in conjunction with Article 55 paragraph 1 of the Criminal Code is in accordance with the defendant's actions?, and What are the Judges' Considerations in imposing the Criminal Law in Decision Number 1609 K/Pid. Sus/2020 is in accordance with the Criminal System in Indonesia? Conclusions: First, the judge's consideration stated that the article indicted by the public prosecutor based on Article 54 paragraph Juncto Article 9 paragraph Law Number 31 of 2000 concerning Industrial Design in conjunction with Article 55 paragraph 1 of the Criminal Code is in accordance with the actions of the defendant. The two judges' considerations in imposing a sentence in Decision.