Manuscript Title:

LEGAL POLICY AGAINST PERPETRATORS OF COMPUTER PROGRAM (SOFTWARE) PIRACY CASES AND SOLUTIONS TO ERADICATE IT IN INDONESIA

Author:

JOHANSON RONALD SIMAMORA, BUDI SANTOSO, IRMA CAHYANINGTYAS

DOI Number:

DOI:10.5281/zenodo.10897464

Published : 2024-03-23

About the author(s)

1. JOHANSON RONALD SIMAMORA - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. BUDI SANTOSO - Lecturer, Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. IRMA CAHYANINGTYAS - Lecturer, Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

Full Text : PDF

Abstract

This study aims to review; 1) Why do cases of piracy of computer programs (Software) in Indonesia occur a lot?; 2) What is the legal policy against perpetrators of piracy of computer programs (Software) in Indonesia? The research method used is normative juridical research, which is research focused on examining the application of rules or norms in positive law. The results showed that; 1) Piracy of computer programs occurs due to factors of public legal awareness regarding copyright that needs to be considered by the government, regulation of copyright on computer programs for the public with sanctions provided by the Copyright Law. The economic ability of the community that affects the purchasing power of original computer programs that make using artificial computer programs an option. Information factors from the internet that facilitate access and acquisition of computer programs that are not original to then be distributed with the propagation of these computer programs. 2) Legal liability of perpetrators of computer program piracy is divided into 2 types, namely criminal liability and civil liability. Furthermore, regarding criminal liability, where the criminal provisions have been regulated in Law No. 28 of 2014 in Article 112 to Article 120, clearly explain the period of confinement and / or the amount of the fine if violations are found regarding computer programs. 3) Other efforts that must be made by the government in order to increase staffing, especially the legal apparatus in preventing and eradicating computer program piracy. Among others: a) Improve the ability of legal apparatus to understand the types of computer program piracy, in order to be able to prevent and enforce; b) Legal proceedings against piracy perpetrators are essential so that sanctions can be imposed to provide a deterrent effect; c) People's legal awareness is needed not to use pirated software on the grounds that it is cheaper and pirated products function like genuine ones. Therefore, the government needs to socialize laws and regulations to build public legal awareness in order to appreciate copyrighted works, so as to encourage the birth of more creative copyrighted works; d) Indonesia is a country with many cases of software piracy so that it can reduce investor confidence to invest in Indonesia in the field of computer technology business, so government efforts are needed to increase investor confidence through supervision and enforcement of software piracy by examining the circulation and sale of software in the market.


Keywords

Legal Policy, Perpetrators of Computer Program (Software) Piracy Cases, Eradication Solutions, Indonesia.