Jurnal Cakrawala Hukum
Vol. 17 No. 2 (2026): August 2026

Analyzing the Rationality of Criminal Sanctions for Copyright Offences in Indonesia's Creative Economy

Putri Rumondang Siagian (Universitas Sumatera Utara)
Widad Azzuhdi Manurung (Universitas Sumatera Utara)



Article Info

Publish Date
03 Aug 2026

Abstract

Copyright infringement in Indonesia causes economic losses to creators and copyright holders while threatening the sustainability of the creative economy. To address this issue, Law No. 28 of 2014 provides criminal sanctions for certain copyright infringements. However, the use of criminal law remains controversial, particularly regarding the principles of ultimum remedium, proportionality, and the objectives of criminalisation. This study analyses the construction of copyright offences in Indonesian law, their relationship with creative economy protection, and the rationality of criminal sanctions based on the theory of the purpose of criminalisation. Using normative legal research with statutory, conceptual, and policy approaches, the study analyses primary, secondary, and tertiary legal materials through qualitative legal interpretation. The findings show that criminalisation is justified to protect the economic value of intellectual works and support the sustainability of the creative industry. Nevertheless, criminal sanctions should be applied selectively to serious, commercial infringements causing significant harm, consistent with the principle of ultimum remedium. The novelty of this research lies in examining copyright offences through the rationality of the purpose of criminalisation as a balanced instrument for protecting the creative economy, beyond conventional analyses of copyright protection and law enforcement effectiveness.

Copyrights © 2026






Journal Info

Abbrev

jch

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Cakrawala Hukum, is a scientific periodical of the Faculty of Law, University of Merdeka Malang, which includes a variety of research in the field of law, or the analysis of actual case studies, or ideas related to the actual law. A Scientific periodical is intended as a means of ...