CRIMINAL PENALTY FOR EMPLOYEES WHO LEAVE COMPANY CONFIDENTIAL ACCORDING TO THE ELECTRONIC INFORMATION AND TRANSACTION LAW

Authors

  • Junaedi University of Muhammadiyah Makassar

DOI:

https://doi.org/10.53625/ijss.v2i2.3426

Keywords:

Criminal Punishment, Disclosure of Company Secrets, Constitution ITE

Abstract

Company secrets are very essential; especially to prevent unfair business competition, from other business actors who own companies that produce similar goods or services, especially if it is related to the globalization of trade. So the legal protection of trade secrets will give birth to a form of honest business competition among business people and become a very valuable commodity because it has a high economic value;

Employees who reveal or leak company secrets (Corporate Secrets which should be kept secret except for the interests of the state, either through print media (newspapers, magazines, bulletins), or online (TV, Instagram, YouTube, Snapchat (WhatsApp, SMS), Tik-Tok, Facebook and Twitter)) whose contents contain insults and/or defamation, shall be subject to criminal penalties based on Article 27 paragraph (3) in conjunction with Article 42 of Law No.19 of 2016 concerning Amendments to Law No.11 of 2008 concerning Information and Electronic Transactions are subject to a maximum imprisonment of 6 (six) years and/or a maximum fine of Rp. 1,000,000,000.00,- (one billion rupiah).

References

Ahmad M Ramli, Intellectual Property Rights (Basic Theory of Protection of Trade Secrets), Bandung, Mandar Maju, 2000, P.1

Journal of Sri Hidayanti, Muannif Ridwan, Legal Protection of Company Secrets in Indonesia, Varia Hukum Vol. 3, No. 1, January 2021 , Indragiri Islamic University, Email: Anifr@Ymail.Om

Moore Lindsay, Craig Lesley, Intellectual Capital in Enterprise Success, John Willey & Sons 2008

Constitution

Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition;

Law Number 30 of 2000 concerning Trade Secrets;

Article 1365 of the Civil Code;

Article 310 and Article 315 of the Criminal Code;

Decision of the Supreme Court of the Republic of Indonesia Number 783 K/Pid.Sus/2008;

Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions;

Constitutional Court Decision Number 85/PUU-XIV/2016 Year 2016;

Internet

https://Leosiregar.Com/ What Companies Should Do If Employees Divulge Company Secrets.

Https://Business-Law.Binus.Ac.Id/ Bambang Pratama Maintains Confidentiality of Data for the Company.

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Published

2022-09-07

How to Cite

Junaedi, J. (2022). CRIMINAL PENALTY FOR EMPLOYEES WHO LEAVE COMPANY CONFIDENTIAL ACCORDING TO THE ELECTRONIC INFORMATION AND TRANSACTION LAW. International Journal of Social Science, 2(2), 1565–1570. https://doi.org/10.53625/ijss.v2i2.3426

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Section

Articles