Overview

Original Research

REVIEWING THE IMPOSITION OF CRIMINAL SANCTIONS FOR VIOLATIONS OF DOWNLOADING SONGS IN TERMS OF COPYRIGHT LAW ASPECTS

SUNARDI 1, BUDI SANTOSO 2, and SITI MALIKHATUN B 3.

Vol 18, No 06 ( 2023 )   |  DOI: 10.17605/OSF.IO/C9RX3   |   Author Affiliation: Program Doctor in Law, Diponegoro University, Semarang 1; Lecturer in Law, Faculty of Law, Diponegoro University, Semarang, Jl. Professor, Soedarto, SH., Tembalang, Semarang 2,3.   |   Licensing: CC 4.0   |   Pg no: 1453-1468   |   Published on: 27-06-2023

Abstract

Sunardi, “Review the imposition of criminal sanctions for violations of downloading songs (download) in terms of copyright law aspects. The purpose of this study is to examine: (1) the imposition of criminal sanctions for violations of downloading songs (download) in terms of copyright law aspects. (2) Legal protection of copyright against the creator of songs downloaded via the internet. The research method used is normative juridical research with a statutory approach and a concept approach. The results showed that (1) the imposition of criminal sanctions for violations of downloading songs (download) in terms of copyright law aspects, namely Criminal Provisions in Law Number 28 of 2014 concerning Copyright, based on Chapter XVII, there are about 8 articles regulating criminal provisions. Regulated in Article 112 to Article 119. In the 8 (eight) Articles regulated about Imprisonment and Fines. Imprisonment for a maximum of 10 (ten) years. Criminal Fine maximum IDR 4,000,000,000.00 (four billion rupiah). (2) Copyright legal protection of the creators of songs downloaded via the internet is carried out with state administrative law, criminal law and civil law. State administrative law is by registering the copyright of the song based on the Regulation of the Minister of Justice of the Republic of Indonesia Number M.01-HC.03.01 of 1987 concerning Registration of Creations and Decree of the Directorate General of IPR Number H01. PR.07.06 of 2004 concerning Guidelines for the Implementation of Acceptance of Intellectual Property Rights Applications, through criminal law instruments, namely perpetrators of downloading songs on the internet can be criminally charged according to Article 113 Paragraph (3) of the UUHC and civil lawsuits against perpetrators against songs used for commercial activities based on article 99 Paragraph (1) of the Law on Civil Rights.

Keywords

Imposition, Sanctions, Criminal, Infringement, Songs, Downloads, Copyright