Criminal Law Perspective on the Formulation of Ordinary Delik Changes to Complaints on Copyright Law for Creators

Abstract

The concept of changing the offense in the law, cannot be separated from the copyright law in general following the direction of the development of today's society. This is so that the applicable law can continue to run properly. However, this change of offense certainly has its own consequences or consequences, even more so for the creator or copyright holder who is the main actor behind the birth of a work of creation. This study aims to find out the formulation of changes in ordinary offenses into complaint offenses in copyright law for creators in the perspective of criminal law and to describe the consequences of criminal law arising from changes in offenses against copyright infringement. This research is a legal research with the type of library research (library research) with a normative legal approach. The main data source is secondary data. The data analysis used in this research is descriptive qualitative data analysis. The results of this study indicate that Article 66 of Law No.19 concerning the Year 2002 concerning Copyright states that the state still has the authority to enforce the law for direct copyright infringement, in contrast to Law No.28 of 2014 concerning Copyright contained in Article 120 allows the state to take legal action if there is a complaint process beforehand. The consequences resulting from the change in the offense for the creator are that the creator has two access to settlements in the event of a violation of his creation, namely settlement outside the court and in court. Based on the results of this research, it is hoped that it will become information and input for students, academics, practitioners, and all parties in need in the Faculty of Law, Pancasakti University, Tegal.