Penegakan Hukum Pelanggaran Kekayaan Intelektual di Indonesia

Abstrak

Data on the handling of intellectual property rights cases from 2020-2021 handled by the Directorate General of Intellectual Property as many as 27 cases and the police as many as 120 cases. The number of intellectual property rights violations must be accompanied by law enforcement against intellectual property rights violations. The study aims to find out the factors that cause the suboptimal enforcement of intellectual property infringement laws in Indonesia. The type of research used is normative legal research using a statutory approach and a conceptual approach through literature studies and analyzed qualitatively. The results of the study show that the enforcement of intellectual property rights law in Indonesia is not optimal because it is influenced by substance factors, namely the existing IPR regulations are not balanced with its enforcement because there are still many IPR cases handled by the police and the Director General of IPR of the Ministry of Law and Human Rights, structural factors, namely the lack of understanding of IPR by law enforcement officials, and cultural factors, namely the lack of public awareness, especially IPR owners to report IPR violations on the grounds that the costs of IPR cases in court, in terms of money, time and energy, are greater than the profits obtained from IPR.  Therefore, an effort is needed to increase the competence of law enforcement officials and increase public awareness of the importance of IPR law enforcement through training, socialization and consulting services organized by the Director General of IPR of the Ministry of Law and Human Rights.