KONSEKUENSI PERUBAHAN SIFAT DELIK PELANGGARAN HAK CIPTA TERHADAP PERLINDUNGAN PENCIPTA MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

Kurniawati M., Mega Silvana (2016) KONSEKUENSI PERUBAHAN SIFAT DELIK PELANGGARAN HAK CIPTA TERHADAP PERLINDUNGAN PENCIPTA MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA. . pp. 1-12.

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Abstract

This legal paper is entitled “The Resulting Consequences Arising from Amendments to the Nature of Copyright Infringement Delict against Creator Protection Pursuant to the Act No. 28 of 2014 Concerning Copyright”. This research was aimed at determining the resulting consequences arising from Amendments to the Delict against protection towards creators or copyright holders. It employed the method of normative legal research. The Copyrigh Act of 2014 make some amendments. Among the most fundamental ones is the nature of the Delict. The type of offence used in the Copyrigh Act of 2014 is the complaintbased Delict. Prior to the enactment of the Copyrigh Act of 2014, the regular Delict was used. Issues raised in this research had something to do with the factors causing such amendments and the effects of such amendments to the Delict on the protection towards creators or copyright holders. The factors causing Delict amendments are the enactment of the ASEAN Economic Community by the end of 2015 as well as the regular Delict which is considered less effective to be used in the Copyrigh Act of 2014. Based on interviews with informants, such Delict amendments did not affect the protection towards the creators or copyright holders. It was because of declarative copyright protection causing the Delict used to have no effect on the protection. On the contrary, the analysis which the author conducted revealed that such Delict amendments can potentially weaken the said protection towards creators or copyright holders. The reason is because with the use of complaint-based Delict, law enforcement officers can exercise their authority only after creators or copyright holders file a lawsuit claiming copyright infringement.

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