Pelindungan Hukum Bagi Pemilik Hak Cipta Atas Tindakan Meniru Karya Seni Pahat Untuk Tujuan Komersial (Studi Putusan No. 19 PK/PDT.SUS-HKI/2023)

Abstract

Humans have the right to legal protection for their artistic works through the Intellectual Property Rights (IPR) system. In Indonesia, IPR protection is regulated under various laws, such as the Copyright Law. However, public awareness of the importance of copyright is still low, especially in the digital era that facilitates free access and use of content, leading to frequent copyright infringements such as piracy and imitation of works. This has become a serious concern, including in the case of copyright infringement of the artwork 'Urban Light' by PT. Pasti Makan Enak and Henry Husada through the imitation 'Love Light' in Rabbit Town. This research uses a normative legal research method based on secondary data obtained through literature study with a case approach. Legal research with a case approach involves an in-depth study of court rulings that have legal force. The research results explain that the scope of copyright protection for sculptural works in Indonesia includes economic rights that apply during the creator's life plus 70 years after their death, as well as permanent moral rights. Supreme Court Decision No. 19 PK/Pdt.Sus-HKI/2023 emphasizes severe legal consequences for those who imitate sculptural works, including the destruction of imitated works, material damages, and public apologies as a form of restoration of the creator's moral rights. This decision sets an important precedent in the enforcement of copyright in the visual arts, although it may lead to legal uncertainty for creative industry players who rely on the reinterpretation of previous works. The legal considerations of the panel of judges in this decision are based on the 2014 Copyright Law, specifically Article 40 letter f, which protects original artistic expressions, not merely ideas. The judge assessed the substantial similarity between the work "Urban Light" and its imitation, "Love Light," as a violation of copyright. This ruling not only reinforces the principles of deterrence and legal certainty but also serves as an important foundation for the protection of copyright in sculptural art.