Optimizing Trade Secret Criminal Law Policies in Indonesia: Lessons from the United States


2023

Ratna Kumala Sari
Khilmatin Maulidah


Abstract 
The acceleration of global free trade necessitates high-quality product outcomes,
driving the creation of technology to meet these demands. Consequently, the significance
of Intellectual Property Rights in advancing technological developments becomes
increasingly apparent. In the realm of commerce, competition is inherent and vital to
attain objectives, which include acquiring consumers and maximizing profits.
Unfortunately, such competition often leads to fraudulent practices and ensuing
conflicts. To mitigate and address unfair competition, it is imperative to establish
regulations that entrepreneurs and business entities must adhere to, both preventively
and punitively. This study seeks to analyze the current and prospective criminal law
policy regarding trade secret offenses within the existing legal framework. The research
employs a normative legal approach. The findings reveal that trade secret offenses in
Indonesia are governed by Law Number 30 of 2000, but it exhibits certain weaknesses
and shortcomings. The proposed Trade Secrets Bill aims to adapt to international
standards, fostering economic benefits while maintaining legal protection convergence. 


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