ANALISIS ASPEK PEMBUKTIAN DALAM KASUS TINDAK PIDANA PENCEMARAN NAMA BAIK PASCA KUHP BARU

Abstract

Protection of intellectual property rights (IPR) on website design or homepage in online business activities is an important aspect that needs to be considered by business people in the digital era. This research aims to analyze the various forms of IPR protection that can be applied to website design, including copyright and trademark. Website designs and the resulting content are automatically protected by copyright in accordance with Law No. 19 of 2002, which is valid for 50 years from publication. Although copyright registration is not required, it provides advantages in terms of legal defense against infringement. In addition, elements such as logos and product names require brand registration to obtain stronger legal protection. The research also identifies the challenges that work owners face in prosecuting IPR infringement in cyberspace, including cost and time. With the increasing use of the internet in business, awareness of the importance of IPR protection has become essential to maintain the authenticity and value of digital assets. The results of this analysis are expected to provide insight for businesses in protecting their works online. The results showed that the Indonesian evidentiary system, which is regulated in the Criminal Procedure Code (KUHAP), requires at least two valid pieces of evidence to convict the defendant. This is in accordance with Article 183 of KUHAP, which emphasizes the importance of the validity of evidence in the judicial process. This research also found that the application of the reverse burden of proof in defamation cases is often controversial, as it is considered contrary to the principle of presumption of innocence and human rights