INTRODUCTION
In the fourth industrial revolution, focusing
on digital technologies. This era makes the media get information more and more
quickly accessible. Television is still the public's favorite medium to get
information from the existing communication media. Patterns usage are becoming more complex thanks to the
Internet. Currently, people can communicate information through television, radio, and the Internet. However, based on data from the
Indonesian Broadcasting Commission (KPI) during the Covid-19 pandemic, we found
that people were more confident with published media television information. In the information era, the COVID-19 pandemic
represents an entirely unprecedented crisis situation. This combination of
urgency, duration, and ambiguity makes it challenging for crisis communicators
to convey vital information about the infection (Lachlan, Hutter, Gilbert, & Spence, 2021).
The public participation rate in accessing mass
media is thought to be related to the availability of the information facility
itself. The internet signal coverage is not evenly distributed, making
electronic news unable to beat the existence of television in the community (BPS, 2016).
The development of this technology
forces the Government to fulfill the needs of every society. Meeting this need
requires state intervention to balance the
interests of the Creator with the interests of
the community and the interests of the State itself (Supramono, 2010).
The interests of the Creator are protection given by the State to
a copyrighted work. This protection is essential to encourage creative people's
interest in innovation, which is expected to
provide shows that are not only entertaining but also educational and capable
of educating all Indonesian people. This protection also makes a copyrighted
work of economic value to every Creator.
Intellectual property rights are fundamental to accelerating the
pace of a country's economy, ultimately leading to the people's welfare.
Intellectual property rights govern this legal protection. The development of a modern and effective IPR system is very
much needed for the country's domestic
situation. Intellectual
property rights are material rights to an object that comes from the work of
the brain, the work of ratios. The result of his work is in the form of
immaterial objects (Saidin, 2002). The definition of intellectual property rights put forward by Jill McKeuough states that
intellectual property rights are rights
granted by law to protect economic
investment in creative businesses.
Based
on Law No. 28 of 2014 concerning Copyrights, broadcasting institutions are
included in the t-shareholder group that cannot be protected by Copyright.
Broadcasting agencies have the right to allow or prohibit specific actions,
such as bone viewing, proofreading, and television programming. The bone show
is intended for those who pay the viewing fee (Otto, 2008).
A
work that has been reproduced and not sold publicly without permission from the
copyright owner will not benefit other people who copied the work. This
violation will not harm the copyright owner, especially concerning the rights
that have been violated irresponsibly. Copyright piracy does not seem to stop
year after year. Not only circulated in urban areas but also arrived in remote
rural areas. Understandably, the price is lower than the original, so the
purchasing power is affordable for all levels of society (Supramono, 2010).
Copyright
is a right granted to safeguard cultural, informative, and entertaining works.
The term "literary and creative works" often refers to the
productions of authors, playwrights, musicians, artists, and film makers (Nemlioglu, 2019). Copyright
infringement does not appear to have continued from year to year. Remembering
the pirated creations, not only were they circulated in urban areas, but they
also reached remote villages. Not surprisingly, the community's purchasing
power is affordable to all circles because the price is lower than the original
price.
Based
on the description above, this paper is interested in raising the legal
question not contained in the above case to be stated in the thesis paper
entitled "Protection of Private Broadcasting Institutions Rights PT. Rajawali Citra Televisi For
Television Broadcast Distribution Without Permission Decision Study Number
34/PDT.SUS-HKI/Copyright/2019/PN Commerce JKT.PST�
This
study aims to find out the settings for Copyright in Indonesia, the settings
for broadcasting rights in Indonesia, and the legal protection given by the
Government to matters relating to the Broadcasting of television broadcasts
without permission from decision Number 34/PDT.SUS-HKI/Copyright/2019/PN
Commerce JKT.PST.
METHOD
A. Research
Type
Research is a means to strengthen,
promote and develop knowledge. This research is an attempt to analyze and build
systematically and consistently. �Legal
research is a scientific activity based on certain methods, taxonomies, and
thoughts, which aims to study and analyze one or more certain legal phenomena (Setiawan, 2022). The research type
used is also known as the normative legal research method (judicial-normative)
or legal-library research. This means that this research is carried out by
investigating additional legal or secondary data (Soekanto, 2007).
B. Data Source
The source data in research
is secondary data. The secondary is data material to obtain from this library following (Soekanto, 2007):
1. Material Law Primary
According to Peter Mahmud Marzuki,
the main adjunct to a legal adjunct is authoritative, meaning that it has no
authority (Sunggono, 2003). In writing the thesis, the writer uses material law primary
as follows:
a) Basic Law of the Republic of Indonesia
in 1945
b) Law No. 28 the Year 2014 About
Copyrights
c) Law No. 32 the Year 2002 About
Broadcasting
2. � Material Law Secondary
The secondary legal material is a
supplementary legal text that helps the writer analyze and understand the
primary legal supplementary text. The types of secondary legal sources can be
in the form of textbooks, legal dictionaries, legal journals, and court
decisions. Secondary legal material also cannot be interpreted as an unofficial
legal publication (Sunggono, 2003).
C. Data collection techniques
The technique of collecting data in the
research of normative law or library law is carried out utilizing a literature
study, namely writing that is carried out through a literature study of
statutory regulations, official documents, and publications (Ali, 2009).
The data collection tool for this writing
is not document research. Documentary research is the collection and use of documents
and signs that are needed for research problems so that you cannot work on
problems related to the research subject (Irianto, 2011). Scrutinizing the
journal's in-depth research includes applicable statutory regulations, intellectual
property book books, broadcasting institution copyrights, dissertations,
Internet, court decisions, and court rulings, source of information.
D. Data
analysis technique
The deductive method in concluding is a general proportion
that is not known to be accurate and does not end with a more concrete
conclusion (new knowledge) (Sunggono, 2003). The analysis of
the data in writing of this paper. It is explained and not explained by linking
to the rules of copyright law, a broadcasting institution, so that it can be
interpreted to conclude the deductive answers to the questions.
RESULTS
AND DISCUSSION
A.
Overview General About Copyright
in Indonesia
1. Understanding Rights Intellectual
Property
Intellectual
property rights are substantive property that arises from total labor. The
result of his hard work is in the form of an intangible object, an intangible
object. For example, in an essay writing a song the work requires total brain
power work, hashtags cannot produce a tone. According to research, the total
pressure is responsible for experiencing art, imagination, and spirituality,
including the ability to socialize and control emotions. These features are
nonverbal, figurative, intuitive, and holistic and generally cannot process
information (Saidin, 2002).
Intellectual
property rights are not the rights to economically enjoy the results of
intellectual creativity (Firmansyah, 2008). The rights that arise as a
result of human intellectual activities that provide economic benefits. The
concept of intellectual property protection is based on the notion that
intellectual works created by humans require the sacrifice of energy, time, and
pouring. The absence of this sacrifice gives an economic value to the work
created for the benefit of someone who can enjoy it. Based on this concept, we
encourage the need to evaluate the services offered in the form of legal
protection for intellectual property rights.
2. Definition of Copyright
Copyright
consists of two words: copy and rights. In the Indonesian dictionary, the word
"rights" means the authority that is given to certain parties and may
not or cannot be used freely. The words "copyright" or
"creation" refers to the work of humans using thoughts, emotions,
knowledge, imagination, and experience. Because of that, Copyright cannot be
interpreted as closely related to human intelligence.
The
concept of Copyright was first put forward by Sultan Mohammad Syah, SH, at the Cultural Conference in Bandung in 1951
(later approved by DPR). The
impression "restricted" means that the Copyright is not the only
thing that is a copyright, or if not, it is related to manufacturing. The term rights
itself comes from Dutch language tauteurs Rechts (Usman, 2003).
3. Subject of Copyright
Creator
and copyright ownership are the essential points of copyright law. The Creator
must have an identity and a status to determine the ownership of the rights.
Basically, the person who creates a particular work is not the copyright owner (Paserangi & Ahmad,
2011).
B. Legal Regulation About Copyright in Indonesia
1. � Regulation Copyright Copyright in Law Number 28 the Year 2014
��� In Law
Number 28, the year 2014, Article 1 paragraph 1:
"Copyright rights are not exclusive text rights of the
creator that arise automatically based on declarative principles after a
creation has not been realized in a tangible form without reducing restrictions
in accordance with the provisions of the law."
This
exclusive text right means no other person can use this title without the
Creator's permission. In economics, the benefits obtained or felt are the
result of the Creator's hard work. This is because every activity that allows
the reproduction of and publication of creation, or reproduction and
participation of other parties in creation, is based on commercial
considerations.
As
explained in Article 1 paragraph (1) of Law No. 28 the year 2014, Copyright
includes several elements, namely (Sitorus, 2016):
a) Exclusive
text rights, which are not owned by an author to not create or create a
creation, and no other person may not do so, except with the author's
permission.
b) Creator,
a person who can create a creative work based on his imagination.
c) The
recipient of the rights, the person or the legal entity who received the rights,
is a person who is the Creator whom the agreement gave the rights.
d) Announcing,
broadcasting, or spreading a hashtag creation cannot be heard and not known to
others.
e) Multiply,
add, or create a creation or work in the same form.
2. � Scope of Copyright
a) Types creation protected copyright
Law Copyright Number 28
the Year 2014
states that creation is
science knowledge and tart ton created basis inspiration, stability, power of thought, power imagination, dexterity, dexterity,
tor expertise which
is poured in of the form .concrete (the
Republic of Indonesia, Law Number 28 of 2014 concerning Copyright, Article 1
Number (3)
This article 40 Number 1, Law number 28 Year t2014 concerning copyright provision clearly
explains the creation that is protected case. This is complete explains some parts of
creations protected by
Copyright
b) Term Period protection
copyright Copyright.
As regulated in
article t58-60 Law
Copyright,tall
works in
fields science
art literature and
can be Copyright by laws
copyrights countries
period time protection this
depends on
type work and type rights exclusive
With regard with rights moral
these rights restricted, the right entrepreneur has period
time protection which
differs dependington
type work.
c)
Types of Created Copyright
The
law on Copyright Number 28 Year t2014 states that creation is not science,
knowledge, and art. What was created is based on insight, ability, ingenuity,
and agility (Article 1, 2014b). This article clearly
explains protected creations in Article 40 (1) of Law Number 28 Year 2014
regarding copyright rights. This provision completely describes some parts of
the creation protected by Copyright.
C. Regulation of Broadcasting Rights in Indonesia
1. Definition
of Broadcasting
a) The
broadcast is a message or a series of messages in the form of voice, image, or
voice and image or that is not in graphic form, characters, whether it is
interactive or not, what is received but received through broadcast.
b)
Broadcasting is spreading
broadcasts through broadcasting facilities and transmission facilities on land,
at sea, or in space by using a radio frequency spectrum via air, cable, and
other media to be received simultaneously and simultaneously by the public with
broadcast receiving equipment.
2. Organizing Broadcasting
Broadcasting
is based on Pancasila and the Basic Law of the Republic of Indonesia in 1945.
It has the principles of practicality, justice and justice, legal certainty,
security, and stability. Prosperity broadcasting must strengthen national
unity, promote national character and identity, who are faithful and devoted,
educate the nation's life, promote the general welfare of the people, are
independent, and build the welfare of the people in general. To grow the Indonesian
broadcasting industry (Article 3, 2002). For that reason,
in the organization of Broadcasting in the country, it is necessary to direct
the direction of (Article 2, 2002):
a)
Upholding the implementation
of Pancasila and the Basic Law of the Republic of Indonesia in 1945
b)
Maintain signs and improve
morality and religious values as well as national identity
c)
Improving the quality of
human resources
d)
Maintain and strengthen
national unity and national unity
e)
Increase awareness of law
compliance and discipline
f) ��Distributing general opinions and encouraging
the active role of the community in national and regional development and
preserving life
g)
Prevent monopolies of
ownership and support healthy competition in Broadcasting
h)
Encouraging the improvement
of the people's economic capacity, achieving equity, and strengthening the
nation's competitiveness in a globalized context
i) ��Providing correct, balanced and responsible
information
j) ��Advancing national culture.
3. Broadcasting
Rights
Broadcasting rights are an essential product in the
broadcasting business. Broadcasting rights are the rights of individuals or legal
entities to broadcast something. The rights are rights related to Copyright.
Broadcasting rights are included in Copyright Law Number 28 the Year 2014, and
broadcasting activities are included in Broadcasting Law Number 32 the Year
2002. Individuals or legal entities who wish to broadcast a program have the
right to obtain prior permission from the rights owner (Indonesian Dictionary,
n.d.).
4. License
a) Definition of license
1)
Owners of intellectual
property can use rights to obtain additional benefits in the form of income
from royalties paid by the licensee to the LicensorLicensor.
2)
Users other than the owner
cannot license the rights of the product and process it because it is often
more efficient than its use alone. This is not, in turn leading to more
innovation and economic growth.
3)
Licensing is currently an
essential activity in most domestic economic activities. Access to intellectual
property rights is often an essential part of the trade. Intellectual property
rights can become more valuable as a treasure trove of business. They cannot
become an essential part of the manufacturing and service industries.
b) Agreement of license
The
license agreement is between the license (LicensorLicensor)
and licensee recipient (licensee). The LicensorLicensor
grants the LicensorLicensor a license to use their
intellectual property to produce, distribute, and not sell the Licensor'sLicensor's products, and in return, receive the
licensee received from the licensee. The licensed intellectual property rights
may not be in the form of copyrights, trademarks, patents, trade secrets, etc.
D. Analysis
of Decision Number 34/Pdt.Sus-Hki/Copyright/2019/Pn Niaga Jkt.Pst
About Case Distribution Broadcast Television Without Permission
1. Analysis of Case
In
the judge's decision, it was stated that the Plaintiff's claim was not accepted
because the provisional claim that the Plaintiff's party filed had already
included actions to implement the final decision. Regarding
the decision, Defendants are not committed any infringement of copyright
against owned related to Plaintiff, since:
a) Broadcasting by Defendant has obtained ratification and legality
permit from the competent Government based on the Decree of the Minister of
Communication and Information Number 468 of 2014 concerning Licenses for
Broadcasting Providers for Television Broadcasting Service Subscriptions dated
April 30, 2014. Broadcasting is carried out by the laws and regulations
regulated in Law Number 32 of 2002 concerning Broadcasting, Government Law
Number 53 of 2000 concerning Use of Radio Frequency Spectrum and Satellite
orbits, and Government Law Number 52. 2005 concerning Broadcasting by
Subscriber Broadcasting Institutions, along with all procedures and mechanisms
technical.
b) The Republic of Indonesia. The procurement, import, distribution,
and sale of Receivers carried out by the Defendants are by and based on
licensing documents/trading business/importers, customs and customs, taxation
and have received validation/standardization from the Ministry of
Communications and Information Technology, Directorate General of Resources and
Equipment of Post and Information Technology. Where the Garuda Matrix Receiver
has received a standardization certificate No. 30277/I/SDPPI/2016 On July 14
2016, Matrix Cinema Receiver has received standardization certificate No.
47031/I/SDPPI/2016 On August 24 2016, Matrix Burger S1 Receiver has received
standardization certificate No. 53755/I/SDPPI/2017 On December 5 2017, the
Matrix Burger S2 Receiver has received a standardization certificate No.
54627/I/SDPPI/2018 January 24, 2018.
c) The Plaintiff is LPS (Private Broadcasting Institution) whose
Broadcasting is via terrestrial or satellite according to a permit issued by
the Ministry of Communication and Information. LPS broadcasting is Free To Air
(free of charge). As long as Plaintiff transmits its broadcast free-to-air
(FTA) to Indosat's Palapa satellite, the signal
emitted by the Palapa Satellite can be received by Parabola and Receiver. It is
not only the satellite dish and STB Receiver that are sold. Plaintiff's other
Subscription Broadcasting Institutions, both in the foreign and foreign
countries broadcast, it can not be concluded that the
broadcast that was not transmitted freely to air which later could not be
accessed by the public with the unpaid broadcast cannot qualify as a content
dissemination activity.
d) Matrix TV as LPB does not broadcast MNC Group Channels. Matrix TV
uses the Palapa satellite to broadcast its broadcasts, the same satellite used
by the MNC Group. Matrix TV (Defendant) As LPB does not manage Free to Air
(FTA) broadcasts. MNC Group FTA broadcasts can be received by all users of set
op box receivers that are widely circulated in the market and are freely sold
in Indonesia because the FTA MNC Group i.c Plaintiff
(RCTI) broadcast is non-scrambled so that it can be caught by the Receiver/Stop
Any box.
Based on those reasons,
it can be concluded that none of the Defendants committed any copyright
infringement. However, the violation will not occur if the Plaintiff does not
transmit its broadcast in the form of free to air (FTA) which results in the
Subscription Broadcasting Institution being unable to receive/access the
broadcast freely unless it has obtained a license from the Plaintiff.
CONCLUSION
The Plaintiff is LPS (Private
Broadcasting Institution) whose Broadcasting is via terrestrial or satellite
according to a permit issued by the Ministry of Communication and Information
and LPS Broadcasting is Free To Air (free of charge). As long as Plaintiff
transmits its broadcast in the form of free-to-air (FTA) to Indosat's
Palapa satellite, and Parabola and Receiver can receive the signal transmitted
by the Palapa Satellite, then not only the satellite dish and STB Receiver sold
by the Defendant who can receive the Plaintiff's broadcast content. However,
Parabola and other Subscriber Broadcasting Institutions STB Receivers can also
receive access to the content of the Plaintiff's broadcast works both
domestically and abroad. So it can be concluded that broadcasts transmitted
free to air, which the public free of charge can then access, cannot be
qualified as dissemination of broadcast work content considering that there is
no act of rebroadcasting broadcasts in this activity.
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PROTECTION OF PRIVATE BROADCASTING INSTITUTIONS RIGHTS
PT. RAJAWALI CITRA TELEVISI FOR TELEVISION BROADCAST DISTRIBUTION WITHOUT
PERMISSION 