PERANAN PENYIDIK KEPOLISIAN DAERAH SUMATERA BARAT DALAM MELAKUKAN PENYIDIKAN MENGENAI TINDAK PIDANA PEMALSUAN MEREK DAGANG

Abstract

A trademark is a trademark used on an item to be traded by a person or several people, jointly or legally to distinguish from similar goods, The greater trade competition encourages merchants to counterfeit against a well-known brand, as stipulated in Article 13 of Law No. 2 of 2002 on the Police of the Republic of Indonesia. In relation to the duties and role of the Police as investigators, in the event of a criminal offence of trademark forgery then in Article 99 Paragraph (1) of the Law on Brand mentioning the officers who have the right to conduct an investigation is the investigator of the National Police. Formulation of the problem:(1)How is the role of West Sumatra Police investigators in investigating trademark counterfeiting crimes? (2) What are the obstacles encountered by West Sumatra Police investigators in investigating trademark counterfeiting crimes?.This type of research is sociological juridical research. The data source is primary data and secondary data, data collection techniques are by interview and study documents, data is analyzed qualitatively. Kesimpulan research results:(1)The role of West Sumatra Police conducting investigations is regulated in KUHAP namely conducting summonses, examining witnesses, blasting and confiscation of the goods of the perpetrators in the case of counterfeiting against the Federal oil brand ( 2) Police barriers in preventing brand counterfeiting on federal oil packaging are limited in complaints, and public awareness ofcounterfeiting crimes against brands is difficult to prove.