SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 29, 1997 | HAKI. COPYRIGHT. Trade. The economy. (An explanation in the Additional Gazette of the Republic of Indonesia No. 3679) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
NUMBER 12 YEAR 1997
ABOUT
CHANGE BY LAW
No. 6 YEAR 1982
ABOUT
COPYRIGHT
AS IT HAS BEEN CHANGED BY
LAW NUMBER 7 IN 1987
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that with the rapid development of life, especially in the field of economy both at the national and international level, the granting of legal protection is increasingly effective against the Right of Intellectual Property, especially in the Copyright areas need to be more enhanced in order to realize a better climate for growing and developing a vibrant spirit in the fields of science, art and literature, which is very necessary in the implementation of national development. aims to create a fair, prosperous, advanced, and independent Indonesian society. based on Pancasila and the Basic Law of 1945;
., b. that with the acceptance and participation of Indonesia in the Agreement on the Trade Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods/TRIPs) part of the Agreement Establishing the World Trade Organization as authorized by the Act, continuing with the exercise of the obligation to adjust the laws of the World Trade Organization (PAS). national in the field of Rights of Intellectual Property including Copyright against such an international agreement;
., c. that based on consideration as such in letters a and b, as well as paying attention to the assessment of any experience, in particular flaws during the implementation of the Act on Copyright, is seen as necessary to change and complete some provisions of Act No. 6 of 1982 on Copyright as amended by Invite-invite Number 7 Year 1987 with Undang-undang;
.,, Given: 1. Section 5 of the paragraph (1), Section 20 of the paragraph (1), and Article 33 of the Basic Law of 1945;
., 2. Law No. 6 of 1982 on Copyright (State Sheet of 1982 Number 15, Additional Gazette State Number 3217) as amended by Law No. 7 of 1987 (State Gazette 1987 Number 42, Additional Gazette of State Number 3362);
., 3. Law No. 7 of 1994 on Ratification Of The Agreement Establishing The World Trade Organization (the Agreement For The Establishment Of The World Trade Organization) (state Sheet Of 1994 Number 57, Additional Gazette Number 3564);
With the approval
THE REPUBLIC OF INDONESIA ' S REPRESENTATIVE COUNCIL
DECIDED:
.,, SET: LEGISLATION ON THE CHANGES TO THE 1982 STATUTE NUMBER 6 OF 1982 ON COPYRIGHT AS AMENDED BY LAW NUMBER 7 IN 1987.
Section 1
Some provisions in the Act No. 6 of 1982 on Copyright as amended by Law No. 7 of 1987, are amended as follows:
., 1. The provisions of Article 1 of the letter c are amended and plus the four new provisions made up to 8, 9, 10, and 11, so that the entirety of Article 1 reads as follows:
.,
" Section 1
., 1. A creator is a person or few who are together whose inspiration is born a creation based on the ability of the mind, imagination, tacings, skills or expertise that are poured in a distinctive and personal form.
., 2. Creation is the result of each Creator ' s work in its distinctive form and shows its authenticity in the field of science, art and literature.
., 3. A copyright holder is a Creator as the Owner of the Copyright, or the person who accepts such rights from the Creator, or anyone else who accepts further the rights of the person above.
., 4. An announcement is a reading, an interplay, broadcasting or dissemination of something created, using any device and in such a way that a creation can be read, heard or seen by others.
. .5. Multiplication is adding to the amount of something created, with the same making, almost the same or resembling that creation by using both the same or not the same materials, including the creation of something created.
., 6. A portrait is a description of the way and any device in the face of a person who is described as either a part of the body or not.
., 7. Computer programs are programs that are created specifically so that it allows the computer to perform a specific function.
., 8. Actors are actors, singers, musicians, dancers, or those who perform, demonstrate, perform, sing, deliver, recite, or play a work of music, drama, dance, literature, and other works of art.
., 9. A sound recording producer is a person or legal entity who first recorded or had the initiative to finance the sound or sound recording activities of either show or sound or other sound or sound.
., 10. Broadcasting agencies are broadcast organizing organizations, either the Government Broadcasting Institute and the statutory body-shaped private broadcasters that perform the broadcasting of a broadcast work by means of transmission with or without wires. or through any other electromagnetic system.
., 11. The Copyright Office is a unit of organization in the department environment that carries out the duties and authority in the field of copyright. "
., 2. The provisions of Section 2 are amended, with the addition of two new provisions being made verse (2) and paragraph (3) so that the entirety of Article 2 reads as follows:
.,
" Section 2
.,, (1) Copyright is a unique right to the creator and the recipient of the right to announce or multiply its creation or give permission for it by not reducing the restrictions according to the applicable laws.
., (2) The Creator and or recipient of the copyright on the work of the film and the computer program have the right to permit or prohibit others without its consent to lease the creation for commercial purposes.
., (3) The provisions of the right to give permission or ban the lease as referred to in paragraph (2) apply anyway to the producer of the sound recording. "
., 3. The provisions of Section 8 are amended by inserting the new provisions made by paragraph (1a) and changing the terms of the paragraph (2), so that the entirety of Article 8 reads as follows:
.,
" Section 8
.,, (1) If a creation is made in a service relationship with another party in its work environment, then the party to and in its creation is the work of the copyright, unless there is another agreement between the two parties with the does not reduce the creator's rights as its creator if the creation of the creation is extended out of service.
., (la) The Terms of Use as set forth in paragraph (1) apply to a creation created by another party based on an order performed in a service relationship.
., (2) If a creation is made in a working relationship or based on an order, then the party creating the copyright is considered to be the Creator and the Holder of the copyright, unless oth the rights owner as referred to in Section 43C. "
14. The provisions of Article 45 are amended, so that Article 45 reads as follows:
.,
" Article 45
Creation or goods that are a result of copyright infringement based on court rulings may:
a. stolen for the State to be destroyed; or
., b. submitted to the Copyright Holder, as long as the Copyright Holder has filed a civil suit for the infringement of the Copyright under the terms referred to in Article 42. "
15. The provisions of Article 47 are amended, so Article 47 reads as follows:
.,
" Article 47
.,, (1) In addition to the Investigator of the State Police Officers of Indonesia, as well as a particular Civil Service Officer in the department's environment whose scope of duty and responsibility includes the coaching of the Copyright, is given special authority as a Investigator As referred to in Law No. 8 of the Year of the Criminal Event Law, in order to investigate criminal conduct in the field of copyright.
.,, (2) The Investigators of Civil Service Officials as referred to in paragraph (1) are authorized:
.,
., a., a. conduct research on correctness of reports or adverts with respect to criminal conduct in the copyright field;
., b. conduct research on people or legal entities suspected of committing a criminal offence in the field of Copyright;
.,, c. requested the captions and evidence material of the person or body of law in connection with the criminal conduct in the field of Copyright;
., d. conduct examination of bookkeeping, logging, and other documents related to criminal conduct in the Copyright;
., e. Conduct a trial in a specific place, which is suspected of having material evidence, records, and other documents, and conducting forfeiture of the materials and items of the breach which may be made evidence in the case of a criminal offence. Copyright;
., f. Requesting expert assistance in order to perform criminal investigation duties in the Copyright area.
.,, (3) The civil servant officials ' officials as referred to in verse (1) inform the commencement of the investigation and the results of his inquiry to the Investigator of the State Police of the Republic of Indonesia.
., (4) Civil Servant Officials officials as referred to in verse (1) convey the results of his inquiry to the Public Prosecutor through the Investigator of the State Police of the Republic of Indonesia by recalling the provisions of Article 107 of the Act No. 8 In 1981, on the Law of Criminal Events. "
16. The provisions of Article 48 are amended, so that Article 48 reads as follows:
.,
" Article 48
This Act applies to all of the creation and the Rights Related to the Copyright:
a. Citizens, residents, and Indonesian legal entities;
., b. Not Indonesian citizens, not Indonesian citizens and not Indonesian legal entities that were first announced in Indonesia or announced in Indonesia within 30 (thirty) days since the creation was announced for the first time in the United States. outside of Indonesia;
., c. Not an Indonesian citizen, not an Indonesian citizen and not an Indonesian legal entity, provided:
.,
.,, 1) The country has bilateral agreements on the protection of Copyright and Rights Related To Copyright with the State of the Republic of Indonesia;
.,, 2) The country and the State of Indonesia are parties or participants in a similar multilateral agreement regarding the protection of the Copyright and the Rights Related to the Copyright. "
Article II
The Act goes into effect on the promulgated date.
For everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.
.,, Dislocated in Jakarta
on May 7, 1997
PRESIDENT OF THE REPUBLIC OF INDONESIA
It's O E H A R T O
promulred in Jakarta
on 7 May 1997
MINISTER OF STATE SEKRETARlS NATION
REPUBLIC OF INDONESIA
M O E R D I O N O
ADDITIONAL
SHEET COUNTRY RI
| No. 3679 | (Explanation Of State Sheet 1997 Number 29) |
EXPLANATION
Above
INOONESIAN REPUBLIC ' S LAWS
NUMBER 12 YEAR 1997
ABOUT
CHANGE BY LAW
No. 6 YEAR 1982
ABOUT
COPYRIGHT
AS IT HAS BEEN CHANGED BY
LAW NUMBER 7 IN 1987.
UMUM
., the Decree of the People's Consultative Assembly Number II/MPR/1993 on the Great Lines of the Nation's bow, among others, asserts that the development of the world that contains opportunities that support and accelerate the implementation of national development is necessary. Used to be good. In accordance with the direction of the great stripes of the country's bow, all development, change, and global trends expected to affect the National Stability as well as the achievement of national goals should be followed closely, So it can take steps to anticipate it.
., one of the outstanding developments and the receiving of careful attention in the last ten years and the ongoing tendency of future to come is the greater the flow of globalization both in the social sphere, The economy, culture, and other areas of life. In the field of commerce, mainly due to the development of information technology and transportation has made activities in the sector to increase rapidly and have even placed the world as a single market together. With regard to the reality and such inclination, it becomes something to be understood the demands of the need for arrangements in order for adequate protection of the law. Moreover, some countries increasingly rely on economic activity and trade in products produced on the basis of human intellectual abilities such as the work of science, art and literature.
.,, the General Agreement on Tariff and Trade (GATT) which is a multilateral trade agreement is essentially aimed at creating free trade, equal treatment, and helping to create Economic growth and development in order to achieve human welfare.
Within the framework of the multilateral agreement, in April 1994 in Marakesh, Morocco, it was successfully agreed to a single package of the most complete trade talks ever generated by the GATT. The talks that have started since 1986 in Punta del Este, Uruguay, are known
., with the Uruguay Round (Uruguay Round) among others it contains the Approval of the Trade Related Aspects of Intellectual Property Rights (TRIPs).
.,, the TRIPs Agreement contains norms and standards of protection for human intellectual work and places an international treaty in the field of Rights of Intellectual Property as a basis.
in Section 4, Section 5, Section 8, Section 9, Section 13, Section 14, Section 15, Section 16, Section 17, Section 24, Section 25, Section 30, Section 30, Section 31, Section 31, Section 32, Section 33, Section 34, Section 36, Section 36, Section 36, Article 37, Section 38, Section 38, Section 38, Section 38, Section 38, Section 38, Section 38, Section 38, Section 38, Section 38, Section 38, Section Article 38A, Section 38B, Section 38C, Article 39, Article 41, Article 42, Article 43, Article 43, Article 44, Article 45, Article 46, Section 46 and Section 47 apply to be logged in the Copyright Office.
Number 12
.,, Change of Article 42 paragraph (1), is intended to simplify the formula and expressly expressly the rights of the copyright holder to file a claim for damages in case of copyright infringement.
In the event of the seizure of impound as contemplated in this paragraph, it must be done with regard to the provisions of the seizure of movable objects as set in the Law of the Data Event.
With this change then the agility Article 43 verse (2) is long no longer necessary. The provisions of Article 43 of the paragraph (1) be the new Article 43 with the change.
Furthermore, the addition of a new provision made Article 43A is intended to assert the Creator's right or heir to file a remedy for the violation of the provisions of Article 24, which relates to the Moral Rights of the Creator.
As for, the addition of the provisions of Article 43B is much more a transfer and refinement of the provisions of the provisions of Article 42 of the old paragraph (3).
Number 13
., the addition of this new chapter is intended to provide a setting up for the rights related to Copyright or otherwise known as the "Neighboring Rights". The owners of these rights include the perpetrator who produced the performance work, the sound recording producer that produced the sound recording work, and the broadcasting agencies that produced the broadcast work.
In addition to the provisions regarding the contents of the rights, the terms of protection and other provisions apply to those rights.
The imposition of sanctions against violations of these rights is equated with the sanction of copyright infringement. It is based on consideration that the possibility of economic losses and other losses arising out of violations of these rights is essentially the same as the loss of copyright infringement.
Figures 14
.,, Changes in this Section 45 are essentially intended to give the possibility to the court to decide whether the confiscated copyright infringement material was declared usurpsed by the state to be exterminated, or submitted to the authorized licensee. In the absence of this option then the copyright holder's attempt to request that the items be submitted to him in the data case as possible in Article 42, can be realized.
In terms of the Law of Criminal Events, the principle is still under the provisions of Article 46 of the Code of Criminal Proceed Law (KUHAP).
Number 15
., this change is intended to further clarify the authority of the Investigator of the Civil Service Officer (PPNS), and the layout of the task implementation as well as its relationship with the Investigators of the State Police Officers of Indonesia, and the General Prosecuting.
The clearness of the inquiry is important to the investigator's apparatus in carrying out his investigative duties. For that it needs to be an affirmation that even the investigators of the civil servant officials (PPNS) in the department's sphere of duty and his responsibilities include coaching in the field of copyright, given special authority as Investigator, but that is not the case. deny the function of the Investigator of the Republic of Indonesia State Police as the Main Investigator. In carrying out his duties, the PPNS investigators are under the coordination and supervision of the Investigator of the State Police Officers of the Republic of Indonesia. Therefore, during the investigation, the Investigator of PPNS needed to consult with the Investigator of the State Police Officer of the Republic of Indonesia. During this stage, the State Police Officer of the Republic of Indonesia gave a technical lead on the form and content of the event and also researched the material's material for the news of the inquiry. After the investigation was completed, the results of the investigation were passed by the Investigator of the Republic of Indonesia to the subsequent State Police Officer of the Republic of Indonesia, who was obliged to immediately deliver the results of the investigation into the Public Prosecuting.
This is in accordance with the principles affirmed in Articles 6, 7, and 107 Law No. 8 of 1981 On the Law of Criminal Events.
In the course of this thought, the word "through" in verse (4) does not mean that the Investigator of the State Police Officer of the Republic of Indonesia may or needs to do a re-inquiry. Because, technically the guidance of the investigation or the release of the investigation has essentially been given by the Investigators of the State Police of the Republic of Indonesia at the time or during the Acting Civil Service Investigator carrying out the investigation. Thus, the principle of speed and effectiveness such as the desired KUHAP can actually materialized.
Number 16
.,, this change is intended to conform to the international setting, in particular which concerns the setting regarding "Related Rights of the Copyright". This is also the anticipation of the possibility of the inclusion of the State of Indonesia in bilateral/multilateral agreements governing these rights.
Article II
., pretty clear.
opyright protection for the work.
As for the provisions of the new Article 28B which affirm January 1 as the basis of the calculation of the copyright protection term, it is intended solely to ease the calculation of the end of the protection term. The point of tolaknya is the next January 1st year or the year that runs after the creation was announced, known to the public, published or the creator of the dead.
This is an adjustment to the international provisions applicable in the field of Copyright.
The way such a calculation still does not reduce the principle of a protection-term calculation based on the time in which a creation is made if the date is known clearly.
An example of applying this provision is a work of cinematography first announced on 20 July 1995 to be of protection from 20 July 1995 to 31 December 2045.
., the addition of a new chapter on the licensing is intended to provide a setting foundation for the licensing practices that take place in the field of copyright. In essence, the license agreement is only a grant of permission or the right that is poured in the deed of the agreement for a given period of time and with certain conditions enjoy the economic benefits of a copyrighted creation. The license agreement is lazily not made in particular. That is, the copyright holder may still exercise the copyright or grant of the same license to the third party. The license agreement may also be made specifically or exclusively that means specifically only given to Licensee only. Such an exclusive license agreement could essentially be misused to monopolize the market, or negate healthy competition in the market. For example it may occur if the licensee is intentionally not utilizing or exploiting the licensed creation. It was done so that he could master the market with other products or his own creation. This is a way to make it clear that the creator rights of the cart can even disrupt Indonesia's economic growth. With regard to such a possibility this Act provides the directive that the licensing can be implemented as long as it does not harm the Indonesian economy. Further affirmed that in order to be applicable to a third party, the license agreement must ments for walls, and clothing design. The Creator's copyright protection tool is the Tool Tool for the benefit of science, including education.
Architectural works include the art of buildings and miniatures or building makings. Batik, as a work of art is protected in this Act as a form of its own creation. The meaning of "batik" in this Act is a new creation or that is not traditional or contemporary. Such works gained protection for having an artistic value, both in the creation of motifs or drawings and its color composition. As for traditional batik,
