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

Abstract

Abstract.

The law number 30 year 2000 about trade secret was first enacted on December 20^th 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.