Implementation of Legal Principles and Theories in the Reform of the Indonesia Copyright law related to equity ownership of lecturers works

10.2478/bjlp-2023-00000193

Abstract

The Copyright Law stipulates different arrangements regarding copyright ownership between PTN lecturers (Article 35) and PTS lecturers (Article 36). The difference is basically that, in PTN, the ownership of the copyright is with the institution, while in PTS it is with the lecturer. The existence of different arrangements in the HC Law regarding ownership of book copyrights between PTN and PTS lecturers seems to discriminate against PTN lecturers compared to PTS lecturers. The problem that will be studied is the implementation of the alter ego principle and the principle of legal certainty in the HC Law regarding the regulation of copyright ownership of books produced by PTN and PTS lecturers, and how legal theories can be used to provide fairer protection to PTN and PTN lecturers. PTS regarding copyright ownership of books in the ICT era.This research uses normative and empirical juridical research approaches. The normative juridical approach method is used by examining copyright ownership arrangements for books by PTN and PTS lecturers in the HC Law based on legal principles and theory. An empirical approach is taken in relation to the acquisition of primary legal materials in the form of field data related to copyright ownership practices and policies for the commercial management of copyrighted books produced by PTN lecturers in Indonesia and a comparison of their regulations in several countries as well as guidelines for the international organization WIPO. The specification of the research was carried out in an analytical descriptive manner with the main objective to make a description of copyright regulation in Indonesia regarding the ownership of books by PTN and PTS lecturers in terms of the application of legal principles and theories that can support the renewal of copyright laws related to fair ownership of books by PTN and PTS lecturers The results of the study show that, First, Article 35 paragraph (1) and Article 36 of the HC Law which stipulate that there are differences in arrangements regarding the ownership of book copyrights produced by PTN and PTS lecturers are inappropriate and contradictory to the alter ego principle and the principle of legal certainty. Apart from not giving appreciation to the existence and intellectuality of PTN lecturers, this provision also contradicts Article 1 point 2 and number 4 UUHC, and is horizontally inconsistent with Article 13 paragraph (1) of the Patent Law. Second, legal theories that can be used to provide fairer protection to PTN and PTS lecturers regarding copyright ownership of books in this era are the theory of the welfare state, the theory of development law, the theory of rewards, the theory of risk, the theory of growth drivers. economic growth (economic stimulus growth), and the theory of economic analysis of law (economic analysis of law).