Perlindungan Hukum dalam Pendaftaran Ciptaan Seni Lukis (Studi Kasus Putusan Pengadilan Niaga Medan Nomor 05/Hak Cipta/2008/PN. Niaga Mdn.)

Abstract

Copyrighted works of painting, which is one part of the Intellectual Property Rights (IPR) are protected by copyright legislation, in the Republic of Indonesia in violation of the artwork is still a lot happening. Violations that occur as forgery of a painting, and also seizing the rights as creator and copyright holder of a masterpiece painting. This happens because the protection of copyright law in Indonesia, set forth in the Act No.19 of 2002 on Copyright, which is one form of legal protection given to the Creator. The method of research is a nonnative juridical approach that is descriptive of the data processing of primary and secondary data using qualitative data analysis so that it can be deduced that is deductive as an answer from any legal issues regarding copyright painting. The results showed a lack of socialization on Copyright cause misunderstanding and misconception regarding the application of UU.No.19 of 2002 in the community. Furthermore, the results of research and supported by existing data, the researchers gave the conclusion that the ignorance of society that cause misunderstanding about UU.No.19 Copyright 2002 on which that Indonesia has ratified the "Berne Convention For The Protection Of Artistic And Literary Works "(Berne Convention on the protection of Literary and Artistic Works) through Presidential Decree. 18 of 1997, and "World Intellectual Property Right Treaty" (WIPO Copyright Treaty) through Presidential Decree. 19 of 1997, then such provisions are substantive has been a positive law in Indonesia, that the participating countries and the signing of conventions and agreements such as juridical bound and obliged to implement the contents of the convention or agreement, that Indonesia and Malaysia. including participating countries and the Berne Convention so that approve, (reciprocity) to uphold the protection of works of art and literature, the intellectual property rights, especially copyright that has been registered and used in Malaysia to obtain legal protection in Indonesia. Copyright should always get attention at once serious oversight in its development, because it is a legal product that will always progress as advances in other fields, be it technological advances or progress so forth, the government should cooperate with the community in doing so, therefore community should be more concerned and want to know on what best can be the protection of Copyright.