Ni Putu Septi Yudani, Prof. Dr. Zainal Asikin, Dr. Kurniawan, SH., M.Hum

Abstract:

The arrangement of copyright license agreement has been regulated several times in Indonesia starting from Law Number 19 Year 2002 regarding Copyright, regarding the license contained in Article 47 whereas in Law Number 28 Year 2014 regarding Copyright, the license is contained in Article 83 And each further arrangement of licensing procedures and conditions is always set unclearly, firstly based on Article 47 Paragraph (4) of Law Number 19 Year 2002 on Copyright, its implementation has never been executed until the Act is replaced with the latest. Article 83 Paragraph (4) does have a follow-up rule, but until now the follow-up rule is not in accordance with what is mandated that it should be through Government Regulation but in fact regulated through Ministerial Regulation. The problem: 1) What is the arrangement of the Brazilian World Cup 2014 copyright license agreement in the review of Supreme Court Decision Number 843 k/Pdt.Sus.Hki/2017 dated 22 August 2017 ?, 2) What is the judge’s judgment in taking a verdict that reinforces the Verdict of Commercial Court of Surabaya, based on the results of the study, it was concluded that the 2014 World Cup Brazil Copier Rights License agreement in the review of Supreme Court Decision Number 843 k/Pdt.Sus.Hki/2017 dated 22 August 2017, has a fairly complicated basic arrangement because there is a turn of UUHC enactment. Judge Consideration of the Supreme Court of the Republic of Indonesia is not appropriate because it does not pay attention to Law Number 12 Year 2011 on the Establishment of Laws and Regulations especially Article 8 Paragraph (2).

Keywords: Copyright, License Agreement, Supreme Court Decision

Full Text: PDF