Ratih Widowati
Politeknik Negeri Media Kreatif

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Penegakan Hukum Terhadap Pelanggaran Hak Cipta Dalam Jual Beli Karya Sastra Pada Marketplace Ratih Widowati
Jurnal Analisis Hukum Vol 5 No 2 (2022)
Publisher : Universitas Pendidikan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (239.061 KB) | DOI: 10.38043/jah.v5i2.3770

Abstract

The large number of book piracy and/or unauthorized sellers in the marketplace is a serious legal problem. Book piracy has become an industry in Indonesia. This is due to the lack of law enforcement that occurs, consumer behavior that is not aware of copyright, and business actors who seek profit by illegal means. Business actors in this case are not only sellers, but also the marketplace as a digital trading platform provider should also be responsible for selecting the goods to be sold by the seller. Unfortunately, the focus of law enforcement on copyright infringements is still focused only on piracy actors. Marketplace providers as an important element in digital transactions often not charged with legal responsibility. Therefore, this study focuses on how the responsibility of the marketplace and the mechanism for resolving copyright disputes that occur in the marketplace. This research uses normative legal research methods. The results of this study indicate that there is an agreement between the seller/partner/merchant and the marketplace as a digital trading platform provider. From this agreement, the elements of Article 10 of the Indonesia Copyright that state “Managers of business premises are prohibited from allowing the sale and/or reproduction of goods resulted from Copyrights and/or Related Rights infringements in the location under their management.” The dispute resolution mechanism regulated in the Copyright Law consists of litigation (civil and criminal) and non-litigation.
Harmonisasi Aturan Perbukuan dan Hak Cipta sebagai Upaya Mengatasi Pembajakan Buku Ratih Widowati
Jurnal Hukum Lex Generalis Vol 7 No 4 (2026): Tema Hukum Perdata dan Kenotariatan
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i4.3189

Abstract

Copyright infringement in the Indonesian book industry continues despite regulations governing it. The legal basis for books is Law No. 3 of 2017 concerning the Book System and Law No. 28 of 2014 concerning Copyright, but these two regulations do not refer to each other. In this study, a normative juridical method was used. The results of the study indicate that this disharmony also contributes to the rampant violation of book copyright. In the digital era, harmonization of regulations is essential to ensure that the law does not lag behind technological progress.