Pelindungan Hukum Pencipta Terhadap Perwujudan Hak Cipta (Studi Kasus Pada Putusan Nomor 1033k/Pdt.Sus Hki/2023)

Abstract

The lawsuit filed by the creator regarding the protection of computer program writings related to online motorcycle taxi ordering/order-on-demand services occurred because the creator believed that their economic and moral rights had been violated and commercially exploited without permission or knowledge. The issues raised in this study include: (l) How creators rights over ccpyight claims are recognized; (2) How ownership of unregistered copyrighted works IS proven; and (3) Why the Supreme Court Decision No. 1033K/Pdf.SusHK12023 did not recognize anyone as the creator of the computer program writings concerning online motorcycle tæri ordering/order-on-demand services. This study employs a normative juridical method with a descriptive analytical approach, using secondary data comprising primary, secondary, and tertiary legal materials. Data collection was conducted through literature reviews, with qualitative analysis applied. The study results reveal that: (I) Creators' Rights on Copyright Claims: Creators ' rights are regulated under Law No. 28 of 2014 on Copyright. (2) Proof of Copyright Ownership: Copyright ownership is determined by proving the authenticity of ownership, not solely through registration or recordation (3) Court Considerations: The Supreme Court ruled that the plaintiffs creation involving computer programs and written works was only an idea or concept related to online motorcycle taxi ordering via the internet, not yet realized in a tangibleform. Since ideas or concepts that are not materialized are not protected under the Copyright Law, anyone may develop similar ideas or concepts.