Vol 1, No 2 (2021): Journal of Human Rights, Culture and Legal System

Simplification of Law Regulations in Copyright Criminal Act Settlement

Soeleman Djaiz Baranyanan (Faculty of Law, Universitas Pattimura, Maluku)

Article Info

Publish Date
31 Jul 2021


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

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Journal of Human Rights, Culture and Legal System is a double-blind review academic journal for Legal Studies published by Research and Social Study Institute. Journal of Human Rights, Culture and Legal System contains several researches and reviews on selected disciplines within several branches of ...