The research aim to study determination of intellectual property rights (IPR) crime in formulation of legislation, knowing criminal law function coverage to overcome the crime of IPR, and isnt it the solving of case of the IPR crime as applying of criminal law by judge. This research is descriptive research, as research of law of “normative or doctrinal”. However, because its subyect is criminal policy hence equiped [by] approach of social comprehensively. Location is in Police, Public Attorney, and District Court of Surakarta. Technique Sampling is purposive. Source of especial data is law-materials and provided with seeking of facts research of field. Data collecting with bibliography study and interview. Analyse the source of data (law materials) with interpretation method in law science, done inductive-analyse. Seeking of facts of the law enforcemnt operation, data discount conducted with compilation of category for teoritical-reconstruction and analysed qualitative. The conclusion obtained that the crime of IPR determined in legislation of IPR concerning formulation of prohibited deed and its crime sanction, is also enabled the included in KUHP (Indonesian Criminal Code). Arrangement of law of assumed enough, but not only criminal law to overcome the crime of IPR, there [is] ability boundaries in criminal law function. Besides, Solution of case by judge is applying of phase criminal law of yudicative paid attention consideration that problem of IPR more as problem of individual-interests, economic factor, and sense of social-justice.Keywords: Criminal policy, Law enforcement, Intellectual Property Rights.