The role of criminal law politics against ambush marketing behavior in the implementation of ASEAN community

Abstract

Until now, Indonesia does not recognize the term ambush marketing, both in the Trademark Act, 2001 or the Anti Monopoly and Unfair Competition Act, 1999. However, based on the Criminal Code, particularly Article 382 bis, there is similar behavior with ambush marketing, which is based on the meaning of misdirection public view for the purpose of personal benefit or business benefit. So according to the author, ambush marketing can be qualified as a crime in the criminal justice system in Indonesia. The Establishment of the Political criminal law against ambush marketing if related with the ASEAN Community 2015, therefore, the establishe of the political criminla law in the future (ius contituendum) in the domain of intra-ASEAN trade, as a study of political law, currently has two main parameters, ie philosophy of Indonesian, in this case is the Pancasila; and agreements that have been made fellow ASEAN members.