The arrival of former Minister of Law and Human Rights, Yusril Ihza Mahendra, as legal advisor to PR Gudang Baru made several high-ranking officials in Malang Regency widen their eyes. On Monday (8/10/2012) afternoon, Yusril, escorted by thousands of Gudang Baru workers, jointly visited the Kepanjen District Court.

 

Panji street, where the Kepanjen District Court is located, was closed to public vehicles.

 

Whether it was ordered or a standard operating procedure for the arrival of a former high-ranking state official, all police officers from the Malang Resort Police and the Indonesian Army from various units were busy in the area of the Kepanjen District Court.

 

Malang Police Chief AKBP Rinto Djatmono and several police officers at the location even welcomed the arrival of Yusril along with thousands of Gudang Baru workers. Data compiled by beritajataim.com this afternoon indicates that Yusril's visit to the Kepanjen District Court was to inquire about the brief chronology of the trademark dispute case.

 

Yusril also scheduled a meeting with the Kepanjen District Attorney's Office. He considered the decision of the Kepanjen District Court and the Kepanjen District Attorney's Office, which found Gudang Baru guilty, to be a misinterpretation.

 

"Gudang Garam's lawsuit against PR Gudang Baru, they actually won at the Kepanjen District Court. What's going on? Even though Gudang Garam also filed lawsuits in several cities outside Java, Gudang Garam actually lost," Yusril emphasized.

 

According to him, Gudang Garam sued the wrong party by suing Gudang Baru. This is because, legally and as registered with Intellectual Property Rights, Gudang Baru is entitled to its own trademark and did not imitate what Gudang Garam accused them of.

 

"Don't let small cigarette factories be treated unfairly. You know, this dispute is like a fight between an elephant and an ant," Yusril quipped.

 

 

Yusril: Gudang Garam Sued the Wrong Party

 

Upon arriving at the premises of Gudang Baru Cigarette Factory (PR) on Probolinggo Street, Penarukan Village, Kepanjen District, Malang Regency, around 11:30 AM Western Indonesian Time, Yusril Ihza Mahendra was immediately welcomed by thousands of local cigarette factory workers on Monday (8/10/2012).

 

To reporters, the former Minister of Law and Human Rights asserted that PR Gudang Garam's lawsuit was misdirected. "If Gudang Garam feels that Gudang Baru is not entitled to the trademark, they should sue the Director General of Intellectual Property Rights. Because legally and by right, Gudang Baru is also registered with Intellectual Property Rights," he stated.

 

Yusril said that Gudang Garam's lawsuit was baseless. Moreover, there was no criminal element in this case. This dispute should have been resolved in the Commercial Court.

 

The former State Secretary during Gus Dur's era continued, after thoroughly studying this trademark dispute case, the decision from the Kepanjen District Court, upheld by the Surabaya High Court, was legally void. This means there was no criminal element to pursue further.

 

 

Gudang Baru's Final Decision Awaits Constitutional Court

 

After marching to the Kepanjen District Court (PN) office with thousands of PR Gudang Baru workers, Yusril Ihza Mahendra finally left the court office on Monday (8/10/2012) afternoon.

 

To reporters, Yusril explained that his meeting as the legal counsel for PR Gudang Baru regarding the trademark dispute lawsuit filed by Gudang Garam was purely consultative.

 

"This meeting was with the Chief Judge of the Kepanjen District Court. Not with the panel of judges. The meeting was consultative, discussing the technical aspects of Gudang Baru's verdict," emphasized the former Minister of Justice and Human Rights during Gus Dur's era, on Monday (8/10/2012) afternoon.

 

He said that the meeting was also attended by the court registrar and the Chief Judge. The technical issues of the verdict discussed concerned the decisions of the Kepanjen District Court and the High Court in Surabaya, where two verdicts on the trademark dispute faced by Gudang Baru were legally void. "The right to appeal, we are currently pending. The point is, what will be the impact if we file an appeal? Because of Article 197 of the Criminal Procedure Code," he said.

 

For your information, Article 197 of the Criminal Procedure Code in question concerns criminalization. In paragraph one, for the sake of justice, it must mention the name of Allah SWT. Letter b of that article mentions the articles of indictment, considerations, and reasons.

 

Then, there are acquittals and the outcome of the verdict. Yusril, as the legal counsel for Gudang Baru, emphasized that his party is still awaiting the final decision from the Constitutional Court, which is currently discussing Article 197 of the Criminal Procedure Code regarding the legal nullity of a case.

 

"Article 197 of the Criminal Procedure Code is still being tested. We will not send the cassation request to the Supreme Court until there is a final decision from the Constitutional Court regarding Article 197. If the verdict is legally void without a decree from the prosecutor's office, then this case is over," he concluded.

 

Source: majalahbuser.com