PERLINDUNGAN HUKUM TERHADAP RAHASIA DAGANG DALAM BISNIS PERSEWAAN (Studi Pada Sewa iPhone Nusantara Cabang Solo)

Muhammad ‘Aunur Rofiqi, NIM.: 21103040187 (2025) PERLINDUNGAN HUKUM TERHADAP RAHASIA DAGANG DALAM BISNIS PERSEWAAN (Studi Pada Sewa iPhone Nusantara Cabang Solo). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Trade secret violations have become an increasingly significant legal issue amid growing business competition, including within the rental service sector. This research is motivated by the alleged trade secret infringement experienced by Sewa iPhone Nusantara (SIN) Solo Branch, which was suspected to have been carried out by its competitor, Sewa iPhone Solo Raya (SISR), through industrial espionage by posing as customers. Such actions allegedly provided unauthorized access to SIN’s internal information, including operational systems, service procedures, and administrative formats that constitute strategic business elements. The issues examined in this study concern the legal protection available for SIN’s trade secrets and the measures that can be undertaken by the business owner to safeguard trade secrets from unauthorized parties. This study employs a juridical-empirical research method with a descriptive-analytical character. The approaches used include statutory, case, and conceptual approaches, supported by the theory of trade secrets, contract theory, legal protection theory, and property rights theory. Data were collected through direct observation, interviews with the business owner and the Directorate General of Intellectual Property (DJKI), as well as documentation of relevant regulations and literature. The data were analyzed qualitatively to assess the relevance of empirical findings with applicable legal provisions and the theoretical framework adopted in this research. The results reveal that legal protection for SIN’s trade secrets is normatively available through Law Number 30 of 2000 on Trade Secrets, the Indonesian Civil Code (KUHPerdata), and criminal law provisions. However, empirically, such protection has not been optimally implemented because SIN has not applied adequate preventive measures, such as developing Standard Operating Procedures (SOPs), restricting access to sensitive information, or utilizing Non-Disclosure Agreements (NDAs). The legal remedies available include litigation and non-litigation pathways, yet the effectiveness of dispute resolution depends largely on the ability to prove that the information was genuinely kept confidential and possessed economic value for the business.

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