Tinjauan hukum terhadap ketentuan kriminalisasi pengelola tempat perdagangan dalam undang-undang hak cipta = legal review on the criminalisation provision of shoping mall management under copyright law 2014
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Institusion
Universitas Pelita Harapan
Author
Sepriany, Laurensia Candy
Subject
K Law (General)
Datestamp
2021-10-19 07:33:00
Abstract :
Copyright is one of the legal instrument of Intellectual Property Right used to preserve the right creators have on their creations. Issues of copyright infringment is of substantial amount in Indonesia. One significant example is the fact that many vendors in shopping centers openly sell illegal products, such as pirated softwares and movies, without fear of prosecution. Such illegal activities are done administratively under consent of the shopping center management. The main problem faced by the government in the efforts of copyright protection is the lack of awareness on the importance of Intellectual Property, in which economic condition and the lack law enforcement are the contributing factor of said condition. Ideally, vendors, distributors, and producers of pirated softwares and movies should not be given a chance to do such business. Such activities are considered criminal act. Shopping mall management, being the facilitator of illegal activity, should also face prosecution. In Criminal Law theories, shopping mall management that facillitates such activities under administrative consent can be considered an accomplice to the crime and can be prosecuted.
Copyright is one of the legal instrument of Intellectual Property Right used to preserve the right creators have on their creations. Issues of copyright infringment is of substantial amount in Indonesia. One significant example is the fact that many vendors in shopping centers openly sell illegal products, such as pirated softwares and movies, without fear of prosecution. Such illegal activities are done administratively under consent of the shopping center management. The main problem faced by the government in the efforts of copyright protection is the lack of awareness on the importance of Intellectual Property, in which economic condition and the lack law enforcement are the contributing factor of said condition. Ideally, vendors, distributors, and producers of pirated softwares and movies should not be given a chance to do such business. Such activities are considered criminal act. Shopping mall management, being the facilitator of illegal activity, should also face prosecution. In Criminal Law theories, shopping mall management that facillitates such activities under administrative consent can be considered an accomplice to the crime and can be prosecuted.
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