ANALISIS YURIDIS PELANGGARAN HAK CIPTA DALAM PEMBAJAKAN FILM KELUARGA CEMARA DITINJAU DARI TRIPs 1994

Abstract

ABSTRACT Copyright infringement has been regulated in the 1994 TRIPs Agreement and Law Number 28 of 2014 concerning Copyright that acts of copyright infringement are often committed by people who can cause harm to the creator. Piracy of cinematographic works, the movie Keluarga Cemara has experienced piracy, the case has received a court decision. Problem formulation: (1). How is the regulation of copyright according to TRIPs 1994 and national law in Indonesia? (2). How is the juridical analysis of copyright infringement in the piracy of the movie Keluarga Cemara in terms of TRIPs 1994? The research uses a normative juridical. The data source used were secondary data consisting of primary and secondary materials. Data collection techniques by document studies. Data was analyzed qualitatively. Research results (1). Basic arrangements regarding copyright are regulated in Articles 9 through 14 of the TRIPs Agreement and Indonesia has Law Number 28 of 2014 concerning Copyright which has been amended 5 times. (2). Piracy of Keluarga Cemara is regulated in Article 11 of TRIPs regarding rental rights and Article 12 of TRIPs on the term of copyright protection, the criminal offense of piracy was regulated in Article 61 of TRIPs. The foundation of piracy in Indonesia was regulated in Article 113 Paragraph (4) of the Law on Copyright and electronic movie protection was regulated in Article 32 Paragraph (2) of the ITE Law.