Abstract:
From the Global Intellectual Property Center (GIPC) survey, Indonesia
still considered weak in protecting intellectual property. Then the political direction
of law began to look at the concept of the omnibus law to promote the ease of doing
business (EoDB). Therefore, the purpose of this study is to analyze first, the legal
protection issues of famous brand holders in Act No. 20/2016 through political instruments
and criminal law policies. Secondly, the concept of the omnibus law as ius
constituendum of the Act Related to Indonesian Intellectual Property in the political
perspective of criminal law. The normative method was chosen because of the object
of the study on the principles of law, theories, and doctrines of jurisprudence. The
results of this study show that although Indonesia’s IPR index score increased in
2019, it’s global ranking declined. This means that despite increases in scores, Indonesia’s
IPR enforcement tends to be stagnant when compared to other countries.
The IPR-related Act can be combined into an omnibus law. The aim is to simplify
the laws of Patents, Trademarks, Copyrights, Industrial Designs, Layout Designs
of Integrated Circuits, and Communal Investment Credit which greatly affect the
economy and investment in Indonesia.
Keywords: Politics; Penal; Trademark; Intellectual Property; Omnibus Law.
