KASUS PERDATA DAN PIDANA BISNIS INTERNASIONAL

Abstrak

Globalization has driven an increase in cross-border interactions and business transactions that are becoming increasingly complex. This development has created vast economic opportunities, yet it has simultaneously given rise to various legal challenges, both in civil and criminal domains. This study aims to analyze the dynamics of civil and criminal cases in international business through theoretical review and examination of two case studies: the trademark dispute between IKEA Sweden and PT Ratania Khatulistiwa Indonesia as a representation of civil cases, and the 2012 money laundering case involving HSBC Bank as an example of a criminal case in international business.

In the civil law context, this study finds that international business disputes are often triggered by differences in jurisdiction, local legal provisions, and inconsistencies in intellectual property regulations. The IKEA case demonstrates that trademark protection in global commerce is not solely determined by international registration but is heavily dependent on active use and proof of use within the country where the trademark is registered. The decision of the Indonesian Supreme Court in this case reaffirms the importance of the “use it or lose it” principle in protecting intellectual property rights. The impacts include potential disruptions to supply chains, financial losses, and damage to corporate reputation.

The findings of this study emphasize that resolving international business cases requires cross-country collaboration, regulatory harmonization, and strengthened oversight mechanisms in both civil and criminal spheres. Furthermore, multinational corporations must establish strong compliance systems, documentation practices, and risk management strategies to mitigate potential disputes and legal violations. This study is expected to contribute to a deeper understanding of the importance of adaptive and responsive legal frameworks to address the challenges of global business.