Penerapan UU No. 19 Tahun 2002 terhadap Tindak Pidana Pembajakan Hak Cipta Lagu Indonesia

Putra, Emanuel Asa (2012) Penerapan UU No. 19 Tahun 2002 terhadap Tindak Pidana Pembajakan Hak Cipta Lagu Indonesia. S1 thesis, UAJY.

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Abstract

The piracy of intellectual wealth right in copyright is very bad, especially the piracy towards creative work in music. The copyright piracy of music is done through many media, such as a cassette, CD, VCD, DVD, or MP3. Looking in that condition, this research will answer the problems in: 1) How is the criminal sanctions implemented towards violation of Indonesian songs copyright? 2) What are the obstacles for law enforcement in protecting the copyright of Indonesian songs? The research method which is used is a kind of normative legal research that focus on norms and this research require secondary data as the main data. Data collection method of normative legal research is worked by literature study and an interview with the speakers. Normative legal research uses qualitative analysis. Reasoning process in drawing conclusion uses the method of deductive thinking. The research conclusions are the implementation of protecting towards copyright of Indonesian songs has went well, because the supreme court consistently applied criminal sanction to defendant who did violation of Indonesian songs copyright. The obstacles for law enforcement in protecting the copyright of Indonesian songs are {1} There is perceptual difference in applying the criminal sanction for the defendant between public prosecutor, District Court judge and High Court judge; {2} Judge less firmly in applying criminal sanction to defendant. According to the conclusions, the suggestions can be explained are {1} Among public prosecutor, District Court judge, and High Court judge should be able to work well together in resolving the case of copyright breaking of Indonesian songs in order to equalize perception in applying criminal sanction towards defendant who do the deed violating copyright of Indonesian songs in order to establish legal certainty and legal process can be completed quickly in accordance with the principle of easy, quick, and low cost; {2} A judge must behave in a resolute manner in applying criminal sanction for defendant who do the deed violating copyright of Indonesian songs so he can be punished in a criminal manner under the terms of the applicable copyright legislation, that is Act No. 19 of 2002.

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