Tinjauan Yuridis Terhadap Pelindungan Hak Eksklusif Pencipta Video Game Terhadap Pembajakan

Abstract

Copyright is a special right for the creator or recipient of the right to announce or reproduce his creation or give permission for it without reducing the restrictions according to the applicable laws and regulations. In copyright there are exclusive rights, these rights are moral and economic rights. Moral rights are rights inherent in the creator or perpetrator that cannot be removed or deleted for any reason even though the Copyright or related rights have been transferred, while Economic Rights are the right to obtain economic benefits from the Creation and related rights products. Economic rights from copyright can be transferred or assigned to others. Thus, what can be transferred or assigned are only economic rights from Copyright, while moral rights cannot be separated from the Creator. Both rights are regulated in Law Number 28 of 2014 concerning Copyright, specifically in Part Two and Part Three. One form of violation of copyright is piracy, piracy is the unauthorized duplication of Creations and/or Related Rights products and the wide distribution of the resulting duplication goods to obtain economic benefits. Piracy is regulated in Article 1 number 23 of Law Number 28 of 2014 concerning Copyright and Sanctions for piracy are regulated in Article 117 paragraph (3). In the Electronic Information and Transactions Law, Wiretapping and Injection are regulated as elements of piracy, these acts are regulated in Articles 30, 31 and 47. Copyright registration, trademark rights, patent rights, and industrial design rights are forms of preventative protection for video game creators' exclusive rights against piracy in the Indonesian legal system. Litigation, PSA, and arbitration are forms of repressive protection for video game creators' exclusive rights against piracy in the Indonesian legal system.