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Original Research

LAW ENFORCEMENT EFFORTS FOR COPYRIGHT INFRINGEMENT IN INDONESIA

ANWAR 1, BUDI SANTOSO 2, and SITI MALIKHATUN BADRIYAH 3.

Vol 18, No 12 ( 2023 )   |  DOI: 10.5281/zenodo.10369164   |   Author Affiliation: Doctor of Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 1; Lecturer in Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 2,3.   |   Licensing: CC 4.0   |   Pg no: 766-779   |   Published on: 12-12-2023

Abstract

The purpose of this study is to analyze: 1) How far is the understanding of Copyright and its relationship to Intellectual Property Rights? 2) What is the legal basis for copyright and protected works? 3) How is law enforcement of copyright-related infringement cases? The research method used is normative juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) In the Copyright Law 2002, the definition of copyright is formulated as the exclusive right of the creator or recipient of the right to publish or reproduce his work or give permission for it without prejudice to restrictions according to applicable laws and regulations. The definition of copyright as an exclusive right in the 2002 Copyright Law is felt to need further explanation, because even though copyright is exclusive, copyright holders are not easy to maintain it. Meanwhile, the definition of copyright according to the 2014 Copyright Law, is the exclusive right of the creator that arises automatically based on the declarative principle after a work is realized in tangible form without prejudice to restrictions in accordance with the provisions of laws and regulations. 2) Copyright is one of the rights protected internationally through international treaties and binds Member States to ratify it into state law. In Indonesia, copyright is regulated in Law Number 19 of 2002 and amended through Law Number 28 of 2014. 3) Copyright infringement is not explicitly defined in Law Number 28 of 2014 concerning Copyright (Copyright Law). However, in the law, it can be concluded that copyright infringement is the use of a copyrighted work or material protected by copyright without permission from the creator or copyright holder. Copyright infringement itself in the wider community is often known as piracy.


Keywords

Effort, Enforcement, Law, Infringement, Case, Copyright, Indonesia.