Copyright Infringement as a Criminal Offense from the Perspective of Law No. 28 of 2014 (Study of Decision No. 213/Pdt.B/2018/PN Cbi Jo Decision No. 2878 K/Pid.Sus/2019)

Abstract

Copyright infringement as a criminal offense is analyzed based on Law No. 28 of 2014 through a study of Decision No. 213/Pid.B/2018/PN.Cbi in conjunction with Decision No. 2878 K/Pid.Sus/2019 in the case of AH versus MKW. The issues include legal protection of logos registered as trademarks, legal consequences of unilateral contract termination, and judicial considerations in imposing criminal sanctions. The findings indicate that trademark certificates have no retroactive effect, unilateral termination violates the principle of pacta sunt servanda, and the decision does not fully reflect the principle of ultimum remedium as the dispute is more civil in nature and should have been resolved first before criminalization.