Budi Sastra Panjaitan
Faculty of Law, Universitas Islam Negeri Sumatera Utara, Indonesia

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Legal Protection for the Idea of a Creation in Online Gold Sale and Purchase (A Study of Decision Number 40/Pdt.Sus-HKI/Cipta/2022/PN Niaga Jkt.Pst) Dini Sakina; Budi Sastra Panjaitan
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 3 (2026): September
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i3.12851

Abstract

The development of digital technology has transformed gold trading and investment activities into online transactions, thereby raising legal issues concerning copyright protection for the ideas, systems, and methods employed in these transactions. This study aims to analyze the legal protection of ideas in online gold trading in Indonesia, the legal rationale for why the online gold trading system implemented by PT Pegadaian (Persero) is not recognized as the work of Arie Indra Manurung, and the judges' legal considerations in Decision Number 40/Pdt.Sus-HKI/Cipta/2022/PN Niaga Jkt.Pst. This study employs a normative juridical method utilizing statutory and case approaches. The legal materials used comprise primary, secondary, and tertiary legal materials, which were analyzed qualitatively and juridically. The results indicate that copyright protection arises automatically once a creation is fixed in a tangible form. However, ideas, procedures, systems, methods, concepts, principles, discoveries, and data are excluded from copyright protection. The online gold trading system claimed under “Goldgram” is essentially a system or business method that does not qualify as a copyright-protected work. Consequently, the similarities between “Goldgram” and Pegadaian's Tabungan Emas product do not inherently prove copyright infringement. The judges' considerations were primarily based on the statutory exclusion of systems and methods from copyrightability. Therefore, copyright protects the expression of an idea, not the idea, system, or business method itself.