Abstrak


Analisis Penentuan Kriteria Plagiarisme Seni Rupa Menurut Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta (Studi Kasus Putusan Nomor 19 PK/Pdt.Sus-HKI/2023)


Oleh :
Reza Fauzia Hanum - E0020379 - Fak. Hukum

This study aims to determine the criteria for plagiarism of fine arts according to Law Number 28 of 2014 concerning Copyright. In addition, it also seeks to determine the basis for the judge's consideration in Decision Number: 19 PK/Pdt.Sus-HKI/2023.

This research is normative legal research with a case approach and a legal approach. The type of data used is secondary data. The technique used in collecting legal materials in this study is a literature study. This research uses syllogism analysis techniques and a deductive mindset, namely by using central and minor premises, which can produce conclusions.

Based on this research, according to Law Number 28 of 2014 concerning Copyright, there are several criteria for art plagiarism, namely the similarity of all substantial parts, the recognition of private property of imitation works and causing harm to the Creator for imitation of works. The basis for the judge's consideration in deciding the case of Review of Decision Number: 19 PK/Pdt.Sus-HKI/2023 is Article 40 and Article 44 Paragraph (1) of the UUHC, Law No.48 of 2009 concerning Judicial Power, Law Number 14 of 1985 concerning the Supreme Court as amended by Law Number 5 of 2004 and the second amendment with Law Number 3 of 2009.