JOURNAL of LEGAL RESEARCH
Vol 2, No 1 (2020)

Tinjauan Yuridis Pasal Pemidanaan bagi Pelanggar Rahasia Dagang dalam Undang-Undang Nomor 30 Tahun 2000

Akram Sri Nerendro Tomo (Universitas Islam Negeri Syarif Hidayatullah Jakarta)
Burhanudin Burhanudin (Universitas Islam Negeri Syarif Hidayatullah Jakarta)



Article Info

Publish Date
26 Jun 2020

Abstract

Abstract.The law number 30 year 2000 about trade secret was first enacted on December 20th 2000. The main purpose of this law is to create a conducive and innovative business climate to create a national and international business competition to be conducive. The other purpose of this law is to protect the rights of the trade secret owners that has not been noticed. To protect the rights of the trade secret owner, the articles of 13 and 14 regulates the elements of violation about trade secrets and then these both articles is accommodated in article 17 abaout the criminal provisions. However, there is a problem in the Article about the punishment due to the inconsistency of the phrase which results in a double understanding of the phrase. The phrase is "Violation" which has consequences on the threat of punishment that is given a maximum imprisonment and fines based on book 3 of the Criminal Code (WvS), while in Article 17 which received a delegation of Articles 13 and 14, the threat of punishment is a maximum of 2 years in prison and fines. In addition, the problem with the ineffectiveness of this law in snaring violators is the absence of provisions on various matters. From the description above, the researcher tries to provide a researcher's perspective through a juridical review of the Criminal Code of trade secrets and also the problem of the ineffectiveness of the application of the Article. 

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Journal Info

Abbrev

jlr

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Journal of Legal Research is a peer-reviewed journal on legal research published quarterly (February, May, August, November) since 2019 by Departemen Legal Studies Faculty of Sharia and Law Universitas Islam Negeri Syarif Hidayatullah Jakarta in cooperation with Center for the Study of Constitution ...