Perbuatan Melawan Hukum Pada Penggunaan Sketsa “Tugu Selamat Datang” Tanpa Izin Dalam Produk Trend Color Sari Ayu 2018 (Tema Jakarta) (Studi Putusan Nomor 68/Pdt.Sus-Hak Cipta/2023/PN. Niaga Jkt. Pst)”

Abstract

Attractive packaging design plays an important role in increasing consumer interest and purchasing decisions. A sketch constitutes a simple preliminary drawing, and under Indonesian Copyright Law, sketches are categorized as works protected by copyright. Based on this background, the legal issues examined in this study include: the regulation of legal protection for fine art sketch works under Law Number 28 of 2014 concerning Copyright; unlawful acts in the form of violations oj economic rights and moral rights arising from the unauthorized use of the "Tugu Selamat Datang" sketch in the Sari Ayu Trend Color 2018 product (Jakarta theme) by PT Martina Berto Tbk; and the analysis of the judges' legal considerations and rulings regarding the unlawful use of the "Tugu Selamat Datang" sketch without permission based on Decision Number 68/Pdt.Sus-Hak Cipta/2023/PN Niaga Jkt.Pst. This research employs a normative juridical method with a statutory approach. The secondary data used consist of primary legal materials, including the Copyright Law and Decision Number 68/Pdt. Sus-Hak Cipta/2023/PN Niaga Jkt.Pst. Data collection was conducted through library research using document study techniques. The data were analyzed qualitatively, and conclusions were drawn using deductive analysis. The legal protection of fine art sketch works is regulated under Article 40 paragraph (1) letter f of the Copyright Law, which provides protection for pictorial works such as sketches. The use of the silhouette of the Tugu Selamat Datang sketch without permission from the Creator and its commercial exploitation for profit constitutes an unlawful act. Copyright protection for the Tugu Selamat Datang sketch applies for the lifetime of the Creator and for 70 years after the Creator's death, namely until 2062; therefore, arry use of the sketch requires authorization from the Creator or the Copyright Holder. During the trial, the Defendant did not dispute that the copyright of the sketch belonged to the late Henk Ngantung and failed to substantiate its defense. The Panel of Judges ruled that PT Martina Berto Tbk had committed copyright infringement by using the Tugu Selamat Datang sketch without permission, granted the Plaintiff's claims, and rejected all of the Defendant's objections.