MEDIASI PENAL DALAM PERKARA PIDANA HAK KEKAYAAN INTELEKTUAL SEBAGAI BENTUK KEADILAN KOREKTIF DALAM SISTEM PERADILAN PIDANA

Abstrak

Law enforcement against violations of Intellectual Property Rights (IPR) in Indonesia has predominantly relied on repressive criminal sanctions. Such an approach often raises legal concerns, as IPR tes are fundamentally associated with economic interests and legal relationships between rights holders and other parties. In this context, the immediate use of criminal punishment may disregard the principle of proportionality and hinder more effective mechanisms for resolving conflicts. This study aims to analyze the legal construction of penal mediation in intellectual property crimes and to assess its relevance as a form of corrective justice within the criminal justice system. This research employs normative legal research using statutory and conceptual approaches by examining legislation, legal doctrines, and international legal instruments related to restorative justice and penal mediation. The findings indicate that both international legal developments and national regulations have provided a legal basis for the application of penal mediation as a more proportional mechanism for resolving criminal disputes. Provisions within the Copyright Law and the Patent Law even place mediation as a procedural requirement before criminal prosecution may be pursued. This demonstrates that penal mediation functions as a corrective mechanism within the criminal justice system, balancing the protection of intellectual property rights, business sustainability, and public interest. Therefore, the application of penal mediation in IPR cases should be recognized as an essential instrument to promote a more effective, proportional, and restorative approach to law enforcement.

Keywords: Penal Mediation, Intellectual Property Rights, Restorative Justice, Ultimum Remedium