Denpasar, beritaterkini.co.id – Sidang pra peradilan sengketa merek kakak beradik yang sedang bergulir di PN Denpasar memasuki agenda pemeriksaan saksi yang dipimpin hakim tunggal I Gusti Ngurah Agung Aryanta Era Winawan berlangsung di PN Denpasar pada Rabu (21/6). Pada sidang Pra Pradilan tersebut pemohon Olfi Hargono menghadirkan saksi ahli hukum Pidana Dr. Gede Made Swardhana yang pada kesempatan tersebut usai sidang mengatakan bahwa seharusnya jika terjadi sengketa merek maka harus diupayakan penyelesaian secara administrasi dan perdata niaga terlebih dahulu, baru jika memang tidak ada upaya lagi barulah berlanjut ke penyelesaian secara pidana.
“Hal ini bersesuaian dengan sifat proses pidana sebagai upaya penyelesaian terakhir yaitu ultimum remedium,” ujar Dr. Gede Made Swardhana. Sementara itu pemohon Olfi Hargono menyebutkan bahwa pihak penyidik Polda Bali sama sekali tidak memfasilitasi upaya mediasi terlebih dahulu mengingat bahwa kasus ini masih memungkinkan untuk di mediasi terlebih dahulu. Olfi juga mengaku hanya sebagai pekerja di usaha Alex Christanto. “Saya tukang edon kuenya yang resepnya warisan dari ibu saya. Nama saya tidak ada di perusahaan, tapi kok dijadikan tersangka,” ujarnya.
Ia menjelaskan sebenarnya tidak ada masalah dengan kakak kandungnya TH, yang melaporkannya ke polisi sehingga kini ia jadi tersangka. Padahal Olfi mengaku awalnya bergabung dengan sang kakak merintis usaha kue itu. Tan Alex Christanto yang ikut mendampingi Olfi Hargono usai persidangan menyatakan, sejak awal ia di panggil untuk dimintai keterangan hingga menjadi tersangka hanya membutuhkan waktu 3 bulan 5 hari. Ketika menerima surat penetapan tersangka bak di sambar petir di siang bolong. “Kami melihat beberapa prosedur yang terkesan buru-buru dan cenderung di paksakan,” ujarnya.
Alasan pertama, Merek Fettucheese sendiri (milik Bu Teni Hargono) tidak punya legal standing dalam memidanakan pihak lain, karena baru di daftarkan pada akhir November 2022 dan statusnya masih dalam proses. “Belum terbit sertifikat arena merek Fettucheese belum bersertifikat, maka penetapan tersangka atas saya dan bu Olfie jelas tidak berdasarkan hukum, atau setidak-tidaknya dianggap premature karena merk Fettucheese belum memiliki perlindungan hukum,” paparnya. Untuk itu pihaknya berupaya mancari keadilan dengan melakukan praperadilan. “Penetapan saya dan bu Olfie sebagai tersangka kasus sengketa Merk oleh Polda Bali jelas-jelas cacat hukum,” tandasnya.
Terkait merek, baik Olfi maupun Alex mengatakan sebenarnya ada perbedaan. Dan nama merek yang kini masih dalam proses di KemenkumHAM juga tak ada masalah. “Kami masih ajukan izin ke KemenkumHAM, sejauh ini belum ada penolakan,” jelas TAC yang juga menjadi tersangka dalam kasus merek ini. Bisnis ini berawal dari usaha keluarga dimana Olfi ikut bekerja sejak tahun 2105 sampai 2017. “Kami baru memulai bisnis ini akhir tahun 2022. Dan juga resep dari Fettucheese itu berawal dari Bu Werni (mama dari Bu Olfi dan Bu Teni) yang diajarkan kepada Bu Olfi dan kemudian Bu Olfi mengajarkannya kepada Bu Teni. Itu cerita yang sebenarnya,” tutupnya. 5412/jmg
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