IMPLEMENTASI PASAL 3 UNDANG-UNDANG NOMOR 30 TAHUN 2000 TENTANG RAHASIA DAGANG TERKAIT PERLINDUNGAN RAHASIA DAGANG DALAM USAHA MIKRO, KECIL, DAN MENENGAH (STUDI PADA TOKO KOPI PORTAL DI KOTA MALANG)

This research examines the implementation of Article 3 paragraph (1) of Law Number 30 of 2000 on Trade Secrets in the practice of Micro, Small, and Medium Enterprises, with a case study of Toko Kopi Portal. The main issue addressed in this study is the lack of awareness among UMKM actors regarding the importance of safeguarding business information, which may lead to trade secret leakage and the loss of legal protection. This study aims to analyze the fulfillment of trade secret elements, particularly the requirement of being “protected through reasonable efforts,” and to examine the measures taken by the business owner in response to information leakage. The research employs an empirical legal research method with a qualitative approach, using literature studies and direct interviews with the business owner as primary data. The findings indicate that business information at Toko Kopi Portal, such as coffee recipes, supplier data, and pricing strategies, fulfills the elements of confidentiality and economic value. However, the element of reasonable protection was initially not adequately fulfilled due to the owner’s overly open attitude toward external parties. Following the occurrence of information leakage, the business owner implemented reasonable protective measures, including employment contracts with Non-Disclosure Agreement (NDA) clauses, access restrictions to confidential information, and physical and technical data protection. This research concludes that trade secret protection can only be obtained when all elements stipulated in Article 3 paragraph (1) are cumulatively fulfilled. Therefore, it is recommended that UMKM actors enhance legal awareness from the early stages of business establishment to prevent trade secret leakage and maintain business competitiveness.
Legal Protection; Trade Secrets; UMKM