Reconstruction Of Criminal Regulation Toward Victims Of Trademark Infringement In Indonesia
DOI:
https://doi.org/10.59888/6k0kw040Keywords:
Trademark infringement, restitution, criminal law reform, legal reconstruction, restorative justice, Indonesia.Abstract
This study examines the reconstruction of criminal law provisions governing the protection of victims in trademark infringement cases in Indonesia. The current legal framework, as stipulated in Law No. 20 of 2016 concerning Marks and Geographical Indications, still relies on a complaint-based offense (delik aduan), which limits the proactive role of law enforcement and weakens the effectiveness of criminal sanctions. Through a comparative legal approach and theoretical analysis based on legal certainty, proportionality, and restorative justice, this research highlights the need for systemic reform. The proposed reconstruction includes five key elements: (1) reclassification of trademark offenses from complaint-based to public offenses, (2) adoption of proportional and tiered criminal sanctions, (3) incorporation of restitution as a mandatory additional sanction, (4) institutional strengthening and inter-agency coordination, and (5) normative revision of Law No. 20 of 2016 to align with international best practices. Comparative analysis with France, Singapore, and Malaysia demonstrates that integrating restitution and proactive enforcement mechanisms enhances justice for victims and reinforces the deterrent function of criminal law. This reconstruction aims to transform Indonesia’s trademark protection system into one that is more effective, equitable, and adaptive to global trade and digital challenges, ensuring both punitive and restorative justice for victims of trademark infringement.
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