PERBANDINGAN ANTARA HUKUM INDONESIA DAN HUKUM MALAYSIA TENTANG PERLINDUNGAN HAK CIPTA

Abstract

One of the intellectual property rights instruments protected by the Indonesian state is the copyright. Copyright is regulated in Law No. 28 of 2014 concerning Copyright. Copyright protection does not only exist in Indonesia, but neighboring Malaysia also protects copyright under the Copyright Act 1987 (Act 332). The problems are: 1) How are the Copyright arrangements in International Law and National Law in ensuring legal certainty for Copyright holders? 2) How does the comparison of the law regarding Copyright protection between Law No. 28 of 2014 concerning Copyright in Indonesia with Copyright 1987 (Act 332) in Malaysia? This research is a normative legal research, using a simple comparative law approach and a legal synchronization approach with secondary data consisting of primary, secondary and tertiary legal materials. The document study data collection technique, the data were analyzed qualitatively. Research Results 1) Arrangements for copyright protection in international law are international conventions regarding copyright such as the Bern Convention, TRIPs Agreement, WIPO while in national law, namely Law No. 28 of 2014 concerning Copyright. 2) Comparison of laws regarding Copyright protection between Law No. 28 of 2014 concerning Copyright in Indonesia with the Copyright Act 1987 (Act 332) there are similarities in the definition of copyright and international conventions regarding copyright, as well as differences, namely the type of work that is protected and the period or period of validity of copyright protection between the two This Copyright Act.