Abstract
The existence of overlapping laws and regulations in the Intellectual Property Rights (IPR) sector creates conflicts in their implementation. For example, the obligation to mediate as a condition for carrying out criminal charges for copyright infringement is based on Article 95 paragraph (4) of Law Number 28 of 2014 concerning Copyright. Mediation provisions in Law Number 30 of 1999 concerning Arbitration are a way of settling civil disputes outside the court to settle by deliberation and consensus with the help of a mediator. Meanwhile, mediation based on Perma Number 1 of 2008 is intended as an obligation for judges at the first level court in the District Court and Religious Courts in the context of resolving civil disputes. Settlement of copyright disputes is the authority of the Commercial Court, as a special court within the general court environment. However, the Commercial Court does not apply the obligation of mediation. The study results indicate that the simplification of legislation in the intellectual property sector will result in quality, simple, orderly legislation that will also increase investment, create employment opportunities, reduce the burden on society and the efficiency of the state budget.Keywords: Simplification; Copyright; Criminal Act Settlement
Highlights
Indonesia is an archipelagic country where two-thirds of its territory is marine waters.[1]
The obligation to mediate as a condition for carrying out criminal charges for copyright infringement is based on Article 95 paragraph (4) of Law Number 28 of 2014 concerning Copyright
The study results indicate that the simplification of legislation in the intellectual property sector will result in quality, simple, orderly legislation that will increase investment, create employment opportunities, reduce the burden on society and the efficiency of the state budget
Summary
Indonesia is an archipelagic country where two-thirds of its territory is marine waters.[1]. Journal of Human Rights, Culture and Legal System, Volume 1, No 2, 2021 81 ISSN (Print)xxxxx, ISSN (Online) xxxxxxxx This potential becomes an interesting issue when it is associated with the protection of Intellectual Property Rights (IPR). Article 95 paragraph (4) of the Copyright Law obliges the disputing parties to resolve through mediation before making criminal charges as long as the parties are in Indonesia. This obligation to mediate is excluded from piracy. The problems in this study include: How to simplify the laws and regulations in settlement of copyright crimes? What is the ideal model for enforcing copyright crimes that are optimal from an economic perspective?
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