Analisis Hukum terhadap Tindak Pidana Transaksi Jual Beli Peredaran Iphone HDC oleh Warga Negara Asing di Wilayah Indonesia (Studi Putusan PN Nomor 991/Pid.Sus/2023/PN DPS)

Abstract

The Circulation of iPhone HDC Products and Their Legal Implications in Indonesia The rapid development of technology and the increasing demand for electronic products, particularly iPhones, have led to the emergence of imitation products known as iPhone HDC (High Definition Copy) in the Indonesian market. These products are sold at low prices but are often misunderstood by consumers as genuine iPhones. This phenomenon not only causes financial losses to consumers but also violates various legal provisions, including consumer protection laws, intellectual property rights, as well as criminal and immigration regulations when involving foreign nationals. One case that reflects the complexity of this issue is Decision Number 991/Pid.Sus/2023/PN Dps, in which a Chinese national was found guilty of illegally selling iPhone HDCs and misusing their residence permit in Indonesia. This study aims to analyze the legal framework, forms of criminal liability, and the application of criminal sanctions by judges concerning such offenses. This research employs a normative legal research method. Therefore, the data used include primary, secondary, and tertiary data. The data were collected through library research techniques and analyzed using a qualitative data analysis method. The circulation of iPhone HDC (High Definition Copy) products in Indonesia illustrates multidimensional legal violations encompassing criminal fraud, infringement of intellectual property rights, violations of consumer protection laws, distribution of devices without official IMEI registration, and misuse of residence permits by foreign nationals. The sale of iPhone HDCs not only harms consumers but also damages the official industrial ecosystem and diminishes the value of genuine products such as iPhones. In Decision Number 991/Pid.Sus/2023/PN Dps, the panel of judges ruled that the foreign national who sold iPhone HDCs was lawfully proven to have committed immigration violations and illegal trade activities. This indicates that such actions may be subject to criminal sanctions under various applicable laws and regulations. Supervision mechanisms must be strengthened through cooperation among agencies such as the Police, Immigration Office, Ministry of Communication and Information Technology (Kominfo), and the Directorate General of Intellectual Property. Public education regarding the legal risks and losses associated with purchasing counterfeit goods must also be intensified to increase legal awareness among consumers. Furthermore, monitoring of foreign nationals who misuse visas should be enhanced through earlydetection systems and strict law enforcement to uphold the rule of law and national sovereignty.