Research Article
Counterfeit Goods as a Complaint Offenses
@INPROCEEDINGS{10.4108/eai.8-6-2021.2314427, author={Maharani Audrey Devantari Putri and Junaedi Saibih}, title={Counterfeit Goods as a Complaint Offenses}, proceedings={Proceedings of the 4th International Conference on Indonesian Legal Studies, ICILS 2021, June 8-9 2021, Semarang, Indonesia}, publisher={EAI}, proceedings_a={ICILS}, year={2022}, month={2}, keywords={criminal act brand counterfeiting complaint offenses law enforcement}, doi={10.4108/eai.8-6-2021.2314427} }- Maharani Audrey Devantari Putri
Junaedi Saibih
Year: 2022
Counterfeit Goods as a Complaint Offenses
ICILS
EAI
DOI: 10.4108/eai.8-6-2021.2314427
Abstract
In Law No. 20/2016 on brand, the characteristics of the criminal act of brand counterfeiting belong to the statement that all criminal act of brand counterfeiting is a violation that it is changed into a crime on complaint. The law enforcement resulted in the uncertainty of law and justice. Different court decisions based on different criminal charge and even different imposed articles are given to the matters of the same cases. This fact shows as brand owners tend not to complain because the maximum sanctions do not give satisfaction to the brand owner and do not provide a deterrent effect to the offender. Therefore, the crime on complaint shall be changed into ordinary offense and the criminal act of brand counterfeiting shall also be considered as a criminal act not as a violation only.