Perlindungan Hukum Hak Cipta atas Ciptaan Buku (Studi di Kota Medan)

Abstract

The protection of books creation has been arranged in chapter 12 verse (1) letter (a) Copyright Regulations Number 19 Year 2002. Copyright Regulations has arranged about the registration of creation in chapter 35, thus the authors may register their books creation to HAKI Directorate General at Tangerang or through Region Office of Law and Human Rights Departments (as representative of registration in the regions). But in the practice there still a lot of authors that have not registering their books creation through Region Office of Law and Human Rights Department Of North Sumatra. According to the Minister of Justice Decisions of RI Number M.09-PR.07.06 Year 1999, one whose name was registered in Region Office of Law and Human Rights Department is considered as the authors (centralization system), that may facilitate the ‘authentication if any of lawsuit occur.

This research has purpose to reveal the reasons from the authors did not register their books creation, the obstacles experienced by authors in registering their books creation and the law protection on copyright of books was created in the Copyright Regulations Number 19 Year 2002 perspective. This research has enclitical descriptively by using empirical juridical approach method. The population of this research is whole books authors in Medan City and the election sample was done by ‘purposive sampling, amount 10 authors in Medan City and also there are Head of Law Services of Region Office of Law and Human Rights Department of North Sumatra, HAKI Registration Receiver Officer Region Office of Law and Human Rights Department of North Sumatra, PPNS HAKI Region Office of Law and Human Rights Department of North Sumatra and CV. Arun Printing and CV. Rafika Bandung as Publisher.

The research shows that the reasons from the book authors did not register their books because : (a) there is no profit oriented by the autor: (b) their goal was 10 educate the community through their books creation: (c) the purpose is to develop the community in their neighborhood: (d) the lack of knowledge of registering their creations rights by the authors. The obstacles experienced by the authors of registering their books creation : (a) it takes a long time; (8) registration application is cost too expensive: (c) the lack of knowledge of book copyrights registration procedure. The Jaw protection on copyright of books creation seen from Copyright Regulations ‘Number 19 Year 2002 in Medan City still not implemented well and used maximally by the authors because the lack of effectiveness of Copyright Regulations, the authors did not know about the election to the Region Office of Law and Human Rights Department of North Sumatra as the representative in the region to receive the application of creation registration and the authors did not know about the importance of registering their books creation. As the authors of this thesis suggests for the books authors 10 register their books to Region Office of Law and Human Rights Department or register it directly to HAKI Directorate General in Tangerang. The socialization of copyright registration by Region Office of Law and Human Rights Department is expected. The expectation to the government make a policy that manage the time needed to accomplish the registration is shorter and also the registration cost is bellowed Rp. 200.000, - per application which felt too expensive by the books authors.