PENYITAAN BARANG BUKTI DALAM TINDAK PIDANA PELANGGARAN HAK CIPTA TERHADAP KASET CD DAN VCD BAJAKAN DI POLDA SUMBAR

Abstract

Copyright is the exclusive right of the creator nor assignee for publish or reproduce his creations and gave permission for it to not reducing the restrictions according to the applicable statutory. Copyright regulated in the Law No. 19 of 2002 on copyright. Cases of infringement copyright handled by the Specialized Criminal Investigation Directorate. The case of copyright infringement, in particular the to works recordings of the CD and VCD there were 9 cases. Based on these authors are interested to raise the issue of: 1). How is the implementation of the confiscation of evidence CD and VCD proceeds of criminal copyright infringement in Polda Sumbar? 2). Are the constraints faced by investigators to do the confiscation of evidence CD and VCD proceeds of crime infringement copyright in Polda Sumbar?. This study is a socio-juridical. Data used include primary data obtained from interviews and observations, and secondary data obtained from the study of documents. The data is analyzed by qualitative. From the the study concluded that: 1). The confiscation of evidence CD and VCD proceeds of criminal copyright infringement in Polda Sumbar, as the regulated in Section 39 Paragraph (1). KUHAP, 2) The constraints faced by investigators in doing confiscation of evidence CD and VCD with a criminal act of copyright infringement in Polda Sumbar are often to the implementation of the raid, the traders were already not sell pirated tapes (The raids was already known before), and lack of personnel of Tim Subdit 1 who handles the case of copyright. Keywords: Confiscation, evidence, copyright, tapes