Reconstruction of Copyright Crime Regulation Based on Justice Value

Abstract

The regulation of copyright crimes in its development is regulated strictly and clearly in Law Number 28 of 2014, but in its application it causes a lot of injustice for creators/copyright holders in utilizing economic rights and moral rights to their creations. The purpose of this research is to analyze and describe the regulation of copyright crimes committed by law enforcement; to analyze, describe and explain Regulatory Obstacles or Problems related to Copyright Crimes Experienced by Law Enforcers; to analyze and reconstruct a Justice-Based Model of Law Enforcement of Copyright Law Enforcement. Based on the results of the research, it was found that the existence of Article 120 of the Law of the Republic of Indonesia Number 19 of 2002 Concerning Copyright has changed copyright criminal offenses into complaint offenses, thus making copyright criminal offenses detrimental to copyright owners cannot be directly acted upon by law enforcers. law without any prior complaint from the copyright owner. The issue of regulation of criminal copyright offenses has not been fair due to weaknesses in legal substance in the form of Article 120 of the Law of the Republic of Indonesia Number 28 of 2014 concerning Copyright which changes copyright criminal offenses to complaint offenses, then structural weaknesses in the form of the inability of law enforcers to take action against perpetrators of criminal rights copyright without any complaints by the copyright owner beforehand, cultural weaknesses in the form of not all people being aware of the importance of copyright registration and the existence of copyrights, so that not many copyright owners really protect their rights through law. Article 120 of the Law of the Republic of Indonesia Number 28 of 2014 Concerning Copyrights needs to be abolished. Bearing in mind that copyright offenses as complaint offenses can hinder law enforcement related to copyright crimes because they depend on complaints from the public who do not fully understand the importance of copyright.

Keywords: Copyright, Criminal, Regulation, Reconstruction

DOI: 10.7176/JLPG/129-04

Publication date: February 28^th 2023