Pertanggungjawaban Pidana Korporasi terhadap Hak Cipta
Abstract
Abstract. Not categorize a corporation as the subject of criminal law in the Copyright Act, the resulting corporation can not be prosecuted criminally liable. Corporations that commit crimes against copyright as if permission is granted impunity, namely freedom from punishment for his crimes in the form of piracy, reproduce and sell copyrighted works person. Though losses caused by corporate copyright offenders is enormous consequences for the country and for the owner or copyright holder than if the perpetrator is an individual. Accountability is delegated to the board of the corporation, be it director, manager, head of department, the operator, even though the employee has been going down during this proved unsuccessful raises deterrent effect. This research shows that in the case of copyright violations, the corporation must do the following may be prosecuted criminally managers with the maximum penalty for these crimes do not happen again in the future, along with the appropriate theory to apply. Also exposed to more forward thinking aspects of primum remedium if a violation has reached a disturbing level and cause ganggungan widely. It is recommended to take over the corporation who commits an offense if the implementation aspects of copyright primum remedium corporation went bankrupt, so that employees do not lose their jobs.
Key words: Corporate, Subjects of Criminal Law, Copyright.
Downloads
References
Andi Hamzah, Asas-asas Hukum Pidana, ed. rev, cet ke-4, Jakarta, Rineka Cipta, 2010.
Barda Nawawi Arief, Perbandingan Hukum Pidana, ed. rev, cet. ke-8, Jakarta, Rajawali Pers, 2010.
----, Muladi, Bunga Rampai Hukum Pidana, ed. 1, cet ke-3, Bandung, Alumni, 2010.
Dwidja Priyatno, Kebijakan Legislasi Tentang Sistem Pertanggungjawaban Pidana Korporasi, Bandung, CV. Utomo, 2004.
Mahmud Mulyadi dan Feri Antoni Surbakti, Politik Hukum Pidana Terhadap Kejahatan Korporasi, Jakarta, Sofmedia, 2010.
Muladi, Dwidja Priyatno, Pertanggung jawaban Pidana Korporasi, ed. 1, cet. ke-2, Jakarta, Kencana, 2010.
Wirjono Prodjodikoro, Asas-asas Hukum Pidana di Indonesia, ed. 2, cet. ke-6, Bandung, Eresco, 1989.
Yan Pramadya Puspa, Kamus Hukum Belanda – Indonesia – Inggris, Semarang, Aneka Ilmu, 2008.
Jimly Asshiddiqie, http://www.jimly.com/ pemikiran
Authors who publish with DiH: Jurnal Ilmu Hukum agree to the following terms:
- Authors transfer the copyright and grant the journal right of first publication with the work simultaneously licensed under a CC BY-SA 4.0 that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access)
