“PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PEMBAJAKAN HAK CIPTA PADA PERKARA NOMOR 556/PID.SUS/2014/PN PDG”.

Abstract

Copyright is an exclusive right for the creator or right receiver to announce or copy the creations or give permission. So, by not lessen the limitations related to the existing rules, the government makes a law product by issuing rules No. 19, 2002 about copyright. One of cases inlet to Padang State Court is case No. 556/PID.SUS/2014/PN.PDG about Padang Government’s Batik piracy. The problems are concerned in are 1). How is the accountability of criminals towards the doer of copyright fault upon batik design on case No. 556/PID.SUS/2014/PN.PDG? 2). What are judge’s considerations in judging copyright fault upon case No. 556/PID.SUS/2014/PN.PDG? Type of the research is normative juridical. The data used is primary data. The data got from documents study. The collected data then are analyzed qualitatively. Research findings showed that : 1). The accountability of criminals towards the doer of copyright fault upon batik design on case No. 556/PID.SUS/2014/PN.PDG for his/her fault, the judge punished by 6 (six) months trial criminal sentence and he/she must pay fine as much as Rp. 1000,- (one thousand rupiah). 2). The judge’s consideration toward the doer of copyright fault upon batik design on case No. 556/PID.SUS/2014/PN.PDG is the doer action has already harmed the copyright holder. The decision about trial sentence is based on consideration that between the doer and the victim, there is a peace deal that if it is not run, the doer will be jolted in civil. The judge also considers the incriminatory and the relieve.

Keywords : Cases, Copyright, Piracy, Criminals Accountability.