Perbuatan Melawan Hukum dengan Meniru dan Memodifikasi dari Karya Seni Tanpa Menyebut Nama Pencipta Aslinya (Studi Putusan Nomor 31/Pdt.Sus-Hak Cipta /2020/PN.Niaga.Jkt.Pst)

Abstract

This research was motivated by the phenomenon of copyright infringement in the form of plagiarism and modification of foreign works of art without proper attribution, as occurred in the case of the “Love Light” installation in Rabbit Town, Bandung, which plagiarized Chris Burden's “Urban Light.” This issue is of concern because it highlights the lack of awareness among business operators regarding copyright protection, particularly for foreign works, as well as the challenges in enforcing the moral and economic rights of creators in the commercial sphere. The purpose of this study is to analyze the provisions of Indonesian positive law in providing protection for the copyright and moral rights of foreign creators based on Law No. 28 of 2014 on Copyright, to understand the international legal framework governing copyright, and to examine how the modification of foreign works can be qualified as unlawful acts in judicial practice in Indonesia. The research method used is normative legal research with a legislative and case approach. Data was obtained through a literature review of relevant legal regulations, literature, and court decisions. The analysis was conducted qualitatively using a descriptive method to answer the research questions through a systematic and logical approach. The research findings indicate that Law No. 28 of 2014 clearly regulates the protection of copyright and moral rights of creators, including foreign creators, who are protected based on the principle of national treatment in international conventions such as the Berne Convention and the TRIPs Agreement. The “Love Light” case was found to constitute copyright infringement and unlawful acts due to substantial similarities with the work “Urban Light” and the absence of permission and attribution to the original creator. The court ruled that such actions violated the moral and economic rights of the creator and imposed both material and immaterial damages. This study underscores the importance of cross-border recognition and protection of copyright, as well as the role of the courts in upholding justice for creators, particularly in the context of globalization and the commercial exploitation of artistic works.