Authors : Ismu Gunadi Widodo and Jonaedi Efendi
Abstract: In 2015, Indonesia is still regarded as one of the weakest countries in providing legal custody. It is continuously featured. Based on the standpoint of USTR, it is mainly caused by the high rate of intellectual property right, especially, CD-formatted songs, movies and software. As of software, Business Software Alliance (BSA) report shows that software piracy rate in Indonesia stood at 88% with US$157 million potential loss in 2013. This ranked Indonesia in the 4th position worldwide and the 3rd position in Asia Pacific of the country with high piracy rate. Since, 1999 Indonesia has been among the top four countries with the highest piracy rate. In response, Indonesia has passed new Intellectual Right Law (UUHC). The penal stipulations are stated in 8 Articles of Law Chapter 12. It runs from 112-119. Article 120 confirms that complaint-filing principle applies. It means that law only has its power when there is a report requesting to charge perpetrator by disadvantaged party. It is obvious that the law has provided sound legal protection to inventor, intellectual right holder and related-right holder. It resorts to a effective dispute resolution by means of mediation and arbitrage. It contributes to some significant improvements of positive atmosphere for continuous inventions.
Ismu Gunadi Widodo and Jonaedi Efendi, 2018. Integrated Penal Law Enforcement to Intellectual Property Right in Indonesia as a Response to USTR Releases Annual Special 301 Report on Intellectual Property Rights. The Social Sciences, 13: 836-841.