PENERAPAN HUKUM PIDANA PENGGUNAAN MEREK TANPA HAK (ANALISIS PUTUSAN PN SIDOARJO NOMOR 123/PID.B/2024/SDA JO PUTUSAN PENGADILAN TINGGI SURABAYA NOMOR 23/PID/2025/PT SBY)

The background of this research is based on a criminal case of trademark infringement that was examined and decided at two levels of the judiciary, namely the Sidoarjo District Court Decision Number 123/Pid.B/2024/PN.SDA and the Surabaya High Court Decision Number 23/Pid/2025/PT SBY. This study aims to analyze the case resolution process and examine the legal considerations of the judges in applying Article 100 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications from the perspective of legal certainty. Based on this objective, the research is formulated into two main questions: how is the criminal case of trademark infringement resolved in these decisions, and how do the judges consider and impose criminal sanctions based on Article 100 in relation to the principle of legal certainty. The research method used is empirical juridical with a case approach and statutory approach through the analysis of court decisions and literature studies. The study found that the case resolution was in accordance with the provisions of the Indonesian Criminal Procedure Code (KUHAP). It was also found that the panel of judges at both levels agreed that all elements of Article 100 paragraph (2) of the UU MIG were fulfilled. However, they differed in their considerations regarding the severity of the criminal penalties imposed at each judicial level. Based on this study, the author suggests that judges provide clearer legal reasoning, especially in the explanation of legal theories and the penal approach used in determining the type and severity of the sentence.