Pelindungan Hak Cipta Pada Sengketa Karya Cipta Program Komputer Di Indonesia (Studi Putusan Nomor 96 Pdt.Sus-Hak Cipta/2022pn.Jkt.Pst)

Abstract

Intellectual Property Rights are rights that provide legal protection for ideas, products, or human creations, giving them economic value and benefits. One form is copyright, which grants exclusive rights to creators over their works, including computer programs as regulated in Law Number 28 of 2014 concerning Copyright. This study aims to examine the urgency of legal protection for computer programs within the scope of Intellectual Property Rights in Indonesia and analyze the form of protection provided under the Copyright Law. It also analyzes the judges' considerations and decisions in the dispute involving PT Goto Gojek Tokopedia in Decision Number 96/Pdt.Sus-Copyright/2022/PN Jkt.Pst. The research uses a normative legal method with a descriptive approach, applying statutory and case approaches. Data are obtained from literature and document studies, analyzed qualitatively using a deductive method. The study concludes that computer programs are recognized as copyrighted works protected under Law Number 28 of 2014 on Copyright. Legal protection encompasses both preventive measures to prevent infringement and repressive measures to resolve disputes. In Decision Number 96/Pdt.Sus-Copyright/2022/PN Jkt.Pst and cassation decision Number 1033 K/Pdt.Sus-HKI/2023, the Panel of Judges rejected the Plaintiff’s claims, as the evidence submitted did not meet legal requirements. The claimed work had not been realized in tangible form and was still considered a concept or business method, which does not qualify as a protected work under the Copyright Law.