LAW OF TRADE INDONESIA

Trade or Commerce in general is a job to buy goods from one place or at a time and sell it elsewhere or at the following times with the intention of a profit.In the modern era this is the provision of intermediary trade between producers and consumers to buy and sell goods that facilitate and promote the purchase and sale.There are several kinds of mediation provision to producers and consumers:A. Work of those intermediaries as a broker, commissioner, mobile vendors and so forth.2. Establishment of enterprises (associations), such as a limited liability company (PT), the company firm (VOF = Fa) Commanditaire Company, etc. which aim to promote trade.3. Transport in the interests of both commercial traffic on land, sea or air.4. Coverage (insurance) associated with the transport, so the trader can cover the risk of transportation with insurance.5. Bankers to the mediation of trade spend.6. Using commercial letters (Bills / Checks) to make payments in an easy way and to obtain credit.In essence Trading has a duty to:A. Carrying / moving stuff from the excess (surplus) to the needy (minus).2. Move goods from producers to consumers.3. Accumulate and store the stuff in the future surplus to shortage threatening danger.The division of this type of trade, namely:A. According to the work performed merchants.a. Collect trade (producer - wholesaler - wholesaler - exporter)b. Mention of trade (importers - wholesalers - merchants medium - consumers)2. According to the type of goods tradeda. Trade of goods, intended to meet the physical needs of human (agriculture, mining, manufacturing)b. Trade books, music and art.c. Trade money and valuable papers (stock exchange)3. According to the area, where trading is donea. Domestic trade.b. Foreign trade (international trade), include:- Export Trade- Import Tradec. Continued trade (transit trade)
 SOURCES OF THE LAW OF TRADE INDONESIA
  Legal arrangements in the Book of the Law Codification of Civil Law (Civil Code) The provisions of the Civil Code clearly a source of commercial law is Book III of the engagement. It's understandable, because as it says HMN Purwosutjipto that commercial law is the law arising within the scope of the company. In addition to Book III, several sections of the Civil Code Book II of the museum is also a source of commercial law, such as Title XXI of the Mortgage. Settings in the Book of the Law of Commercial Law (Commercial code) KUHD development in India which came into effect on May 1, 1848 is divided into two books and 23 chapters. KUHD clearly listed in the implementation and specialization of the branches of commercial law rooted in the Book of the Law Commercial Law The contents of the subject than KUHD Indonesia is the first book titled About Trade Generally, that includes 10 chapters. The second book titled On the Rights and Obligations of the Publication of the Admiralty, consists of 13 chapters. Codification setting outside sources of commercial law that are beyond the codification of which are as follows: - Law no. 1 of 1995 Limited company - Law no. 8 Year 1995 concerning Capital Market - Law no. 8 of 1997 on Corporate DocumentsPractice of law is a habit that is often done by law and are subject to public opinion and lead to sanctions if it does not do the habit.
 INTELLECTUAL PROPERTY RIGHTSIn law, intellectual property included in the class of intellectual property law, especially the law of the object (zakenrecht) which has the object of intellectual objects, ie objects that are not tangible. The term Intellectual Property Rights (IPR) is the equivalent of the term intellectual property as proposed by Thomas W. Dunfee and Frank F. Gibson which means a physical manifestation of a creative or artistic practical ideas and a certain way and get legal protection. World Intelellectual Property Organization (WIPO) defines intellectual property as an international organization which administers the protection of human handiwork handiwork in the form of both activities in science, industry, kesusteraan and art. The scope of intellectual property rights as defined by WIPO has a broad sense that includes, among others: - works kesustraan - performances by artists - Science (scientific) - broadcasting visual audi - Artistic - scientific discovery should be emphasized in the intellectual property rights know the idea is not protected idea, but the resulting creation of the idea or notion.

 Classification of Intellectual Property Rights;
 According to the World Intelellectual Property Organization WIPO, IPR (Intellectual Property) is usually divided into two parts, namely;
A. Copyright (Copyrights) According to Article 1 of Law No. 19 of 2002 on Copyright, Copyrights are exclusive rights for the creator or the recipient the right to publish or reproduce his or grant permission for it by not reducing the restrictions under the legislation applicable. Copyright is a privilege, because it is only given to the creator or rights holder. Others are prohibited from using this right, except to get permission from the creator or the person who has the copyright. In Article 12 of the Copyright Act, a work that is protected is a work in the fields of science, art, and literature, which include: books, computer programs, pamphlets, (lay out) of a published work, and all other written works; lecture , lectures, speeches, and other similar creations with it; props are made for the benefit of education and science; songs or music with or without text; drama or musical drama, dance, choreography, puppetry, and pantomime; fine art in all its forms such as painting, drawing, sculpture, calligraphy, sculpture, sculpture, collage, and applied arts; architecture; map; art of batik; photography; cinematography; translations, interpretations, adaptations, anthologies, databases, and other works of the adaptations. All of the writings, dramas, musical dramas, all forms of art, batik art, song or music, architecture, lectures, visual aids, maps, translations. Copyright will apply as long as its creator is still alive and 50 years after the creator dies. While computer programs, cinematography, photography, database, and works resulting from valid for 50 (fifty) years since it was first announced.
2. Special Industrial Property Rights related to Industrial Property Rights, in accordance with article 1 of the Paris Convention on the Protection of Industrial Property Rights which has irevisi 1883 and amended on October 2, 1979 is commonly called the Paris Convention, the protection of industrial property law include:
 a. Patent (patens)Patent rights are exclusive rights granted by the State to an Inventor for the invention in the field of technology, which for a given period Invensinya conduct themselves or give consent to others to carry it out. Inventor is a person or several persons acting together implementing an idea poured in activities that produce an invention. Inventor invention is an idea that is poured into a specific problem-solving activities in technology can be either product or process, or improvement and development of products or processes.
 b. Trademark RightsBrand is the mark of an image, names, words, letters, numbers, color composition, or a combination of these elements, having distinguishing features and used in the trading of goods or services. Mendaptkan rights to the brand must register its brand in the Directorate General of IPR Department of Justice. Protection against brands that have been registered is not limited validity period.
  c. Geographical indications and indications of origin of the name à geographic regions of the country, area or place to show the origin of a product based on quality and special nature gografis environment, including natural and human factors. Example: wine Bordeux, Solo Batik, Silk Thailand. d. Right to Industrial Design (Industrial Designs) à a kreai of shape, configuration or composition of lines or colors that contain three-dimensional form of aesthetic value and can be manifested in a pattern of three-dimensional or two-dimensional and can be used to produce a good product and handicraft industry.
PENALTIES FOR VIOLATION OF IPRSanctions are awarded against the perpetrators of IPR violations, which I will explain only sanctions for copyright infringement and sanctions for violations of any brand. Criminal sanctions against copyright infringement: Pursuant to Article 72 paragraph (2) and paragraph (3) Copyright Act one who knowingly transmit, display, distribute, or sell to the public a work or goods resulting from an infringement of copyright or related rights without obtaining permission from copyright owner shall be punished with imprisonment of 5 (five) years and / or a maximum fine of Rp 500,000,000.00 (five hundred million rupiah) and the person who intentionally and without right to reproduce for commercial use a computer program shall be punished with imprisonment of 5 (five) years and / or a maximum fine of Rp 500,000,000.00 (five hundred million rupiah). Criminal sanctions for violations of the Brand: In accordance with Article 90 of Law Brands Whoever willfully and without the right to use the same brand on the whole with a registered Trademark owned by another party for goods and / or similar services produced and / or traded, shall be punished with imprisonment 5 (five) years and / or a maximum fine of Rp 1,000,000,000.00 (one billion rupiah).