Analisis Hak Atas Perlindungan Hak Cipta Sebagai Delik Aduan

Abstract

Legal protection is a universal principle in every legal state anywhere. This protection is basically to protect the rights of every citizen from the actions of other people or the state that result in losses for him. This is also the case with the existence of copyright in Indonesia, which needs to be protected against rampant acts of copyright infringement. To protect Copyright in the dynamics of change regarding the prosecution of criminal acts of Copyright infringement, complaint offenses are used which previously were ordinary offenses. Of course this needs to be considered clearly in the midst of rampant copyright infringements in Indonesia. For this reason, in writing this thesis, the problem is formulated as a discussion, namely: What is the position of Law Number 28 of 2014 concerning Copyright in law enforcement on Copyright criminal acts?; How is the enforcement of the Criminal Act of Copyright Violation Post Law Number 28 of 2014 concerning Copyright; How to analyze the right to copyright protection as a complaint offense? The research method in the thesis used in this paper uses normative legal methods. Normative research is carried out by reviewing the laws and regulations regarding the Copyright Act and then systematizing them with secondary legal materials, namely literature studies or legal documents relevant to research. The results of the research in this thesis explain that the Copyright Law is a legal basis for law enforcement officials who are lex specialis in carrying out investigations to prosecution of perpetrators of criminal acts of copyright infringement. The urgency of the nature of copyright offenses to become complaint offenses is related to Indonesia as a participating country which has ratified the World Trade Organization (WTO) which enforces the TRIPs Agreement which copyrights contain (private rights). Criminal law enforcement within the framework of copyright law protection after the enactment of Law Number 28 of 2014 concerning Copyright is carried out based on complaint offenses. The offense of the complaint is based on reasonable legal reasons that are both conceptual and practical.