Thesis submitted by Yenny Eta Widyanti. It passed the final exam held in the Postgraduate Program, Brawijaya University, Malang on September 2005.
YENNY ETA WIDYANTI. Postgraduate Program Brawijaya University September 3rd 2005. Implementation of the Article 2, Subsection (2) UU No. 19/ 2002 of Copyright (Yuridical Sosiological Study Implementation Rental Right to Enterpreneur Cinematography Works in The Form of VCD at the Malang City). Supervisor: Moch. Munir, Co-supervisor: Yuliati.
The regulation of copyright on a system of intellectual property right begun at the Dutch administration over Indonesia, through Auteurswet 1912. After Indonesia was free, the regulation of copyright has been conducted on UU No. 8/1982 about Copyright, further it has been modified into UU No.7/1987, UU No. 12/1997 and the current one is UU No. 19/2002 that withdraws all of previous copyright regulations. Since the UU No. 19/2002 of Copyright that has prevail effectively on July 29, 2003 until now it can’t give an appropriate protection on the work creation, especially cinematography works in the form of VCD. It can be seen on the high level of the violation over the copyright, both the copyright pirating of VCD and the VCD rental without permission from the copyright holder as regulated on Article 2,subsection (2) UU No. 19/ 2002 of Copyright.
There are two problems that is written on the research, that is: 1) the reason why Article 2,subsection (2) UU No. 19/ 2002 doesn’t work well, 2) what legal action that can be taken by the copyright holder to make Article 2,subsection (2) UU No. 19/ 2002 of Copyright be function. To answer those questions, L. M. Friedman’s theory of Legal System has been used, that the law works properly depends on three components: the substance of law, the law structure and the law culture.
To answer those questions, the sociological-juridical approach has been used. It means that law has been seen not only as the regulations or norms, but also it includes how it works on the society and how it interacts on the environment where it prevail. Then, it used a qualitative descriptive analysis, that is describe and explain the reality of legal problems that has exist, both in the forms of words and table that support the result of field research.
The research result shows that Article 2,subsection (2) UU No. 19/ 2002 of Copyright has weakness, that is many interpretation of Article 2,subsection (2) UU No. 19/ 2002 of Copyright, so it is difficult to make the rental right be function as on Article 2,subsection (2) UU No. 19/ 2002 of Copyright. Beside that, there is no controversy between UU No. 19/ 2002 of Copyright and the other regulations related with the intellectual property right and the regulation of conduct.
Reality shows that the enforcement of Article 2,subsection (2) UU No. 19/ 2002 of Copyright does not realize yet. It is caused by the law enforcement apparatus’s and community’s view and attitude that is not agree with the value of UU No. 19/ 2002 of Copyright. It is caused by the social and economical considerations that ignore the law consideration. It is also caused by the low comprehension of law enforcement apparatus and community toward UU No. 19/ 2002 of Copyright.