PENEGAKAN HUKUM HAK CIPTA TERHADAP PEMBAJAKAN PROGRAM KOMPUTER OLEH WARNET(Studi di Kota Malang)
| Main Author: | JAYA ASMARA , ANDY |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2008
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/2690/1/AQ.pdf http://eprints.umm.ac.id/2690/ |
Daftar Isi:
- The Copyrights is exclusive rights to receiver or creator the right to announce or multiply its creation or give permit for that without lessening demarcations according to law and regulation going into effect. But in execution, straightening of copyrights law in Malang town have been impinged by some warnet that is by conducting piracy of computer program. Piracy of conducted by computer program is warnet-warnet in Malang town transgress copyrights of No. 19 year 2002. The final Formula in writing internal issue are 1. How straightening of copyrights law to piracy of computer program by warnet in Malang town 2. What Factors are influencing the straightening of copyrights law piracy of computer program by warnet in Malang town? The Method Analysis which is used in final writing that is by using descriptive method qualitative, that is analyzing the datas and situation and kind of subjek pursuant to reports, to this later ; then pulled by a suggestion and conclusion. Target of this research is to know cause factors the happening of piracy of computer program and to know the straightening of copyrights law to piracy of computer program by warnet in Malang town. The Result from this research are, straightening of copyrights law to piracy of computer program can be raised with civil suing, pursuant to section 56 Law copyrights of No. 19 year 2002, but civil suing to piracy of computer program in Malang town during the time have never been raised by all owner of copyrights at justice of Commercial. Besides suing civil of state also have the right to file a bill crime to piracy of computer program. Criminal prosecution at perpetrator of piracy of computer program in Malang town conducted by party of Polwil Malang pursuant to section 72 article 3 Law copyrights of No. 19 year 2002. Result of straightening of copyrights law which Polwil Malang done in the year 2007 have succeeded to catch perpetrators, for example with initial of RDN1, RDN2, SN and of PN. Goods Evidence in the form of computer and server counted 400 unit. Criminal prosecution raised by Polwil Malang to Malang District Court. Malang District Court adjudg initial defendant of RDN1, RDN2, SN with fine 500 million. The factors that influencing the straightening of copyrights law piracy of computer program by warnet in Malang town for example 1) Factor punish that is Law Copyrights of No. 19 year 2002. Order and civil sanction and crime have coherent arranged in Law Copyrights of No. 19 year 2002. 2.) Enforcer government officer punish in straightening of copyrights law that is Polwil Malang 3) Factor Medium supporting the straightening of law. Straightening of law of Polwil Malang to piracy of program of computer need technician expert in program of computer 4) Society factor in supporting the straightening of copyrights law 5) Culture factor. Piracy of computer program have become culture that mentioned, because they have growth and expand in association of life society. Conclusion, straightening of copyrights law pursuant to Law of No. 19 year 2002 to piracy of computer program can use civil suing or of suing crime. But civil suing does not be conducted by BSA because of BSA work along with Malang Polwil. Suing Crime to piracy of computer program by Malang town warnet of Polwil Malang has done. Polwil Malang has claimed with initial of RDN1, RDN2, SN and of PN. Malang District Court adjudge initial defendant of RDN1, RDN 2, SN with fine 500 million. Defendant case with initial of PN still in course of Malang District Court. As for factors influencing the straightening of copyrights law piracy of computer program by warnet in Malang town for example 1) Factor punish that is Law Copyrights of No. 19 year 2002. 2.) Enforcer government officer punish in straightening of copyrights law that is Malang Polwil 3) Factor Medium supporting the straightening of law 4) Society factor in supporting the straightening of copyrights law 5) Culture factor. Piracy of computer program have become culture that mentioned because they have growth and expand in association of life society.