Values of Justice in the Reconstruction of Copyright Transfers through Inheritance based on Law no. 28 of 2014 concerning Copyright

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Lily Maryam N, et.al: Values of Justice in the Reconstruction of Copyright Transfers…... 334

Values of Justice in the Reconstruction of Copyright Transfers through Inheritance based on Law no. 28 of 2014 concerning Copyright

1Lily Maryam Nasution, ²Ferry Susanto Limbong

[email protected] , [email protected]

Politeknik Negeri Medan, Indonesia ¹

Fakultas Hukum, Universitas Sumatera Utara, Indonesia ²

Article Info Abstract Received: 2021-11-29

Revised: 2021-12-21 Accepted: 2021-12-30 Keywords:

Copyright Transitional Law;

Copyright;

Inheritance of Copyright;

Law No. 28 of 2014

This study aims to analyze the law of Values of Justice in the Reconstruction of Copyright Transfers through Inheritance based on Law no. 28 of 2014 concerning Copyright. Normative juridical research methods are used to understand, interpret, and clarify legal issues by referring to existing legal sources. The results showed that the transition of copyrights through inheritance could be done if the Creator had died, had inheritance and had an heir. The inheritance legal system in Civil Based on the documentation of the transfer in the Directorate General of Intellectual Property is employed in the transfer of copyrights. To obtain their rights as heirs, heirs must execute an inheritance deed accompanied by a death certificate and an inheritance certificate, and heirs are required to record the Director General of Intellectual Property, accompanied by documents on the transfer of rights.

Most people divert their rights through the civil resistant legal system because it is easier to do so than through the law of customary inheritance or Islamic inheritance law; in the civil resistant legal system, there is no difference between heirs and expert inheritance male and female.

I. Introduction

The copyright approach based on justice values recognizes the need to maintain a balance between the rights of copyright holders and the public interest and the protection of cultural wealth (Al-Sharieh, 2018). This allows the community to access, use, and participate in cultural life while respecting the rights of copyright holders and promoting justice in the copyright system.

Copyright based on justice value is an approach in the protection of copyright that considers the principles of justice in the regulation and use of copyright works (Kholiq, Puspanita, & Thalib, 2022). This principle tries to maintain the balance between the rights of copyright holders and the interests

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of the wider community (Sinaga, 2020). In the context of copyright based on justice values, there are several aspects that can be considered: 1) Access to Copyright, the value of justice emphasizes the importance of providing fair access to copyright work for the community. This means that copyright holders should not obstruct reasonable and fair access to their creativity (Setiady, 2015). The government and the legal system can consider the public interest and regulate certain restrictions that enable the use of copyright work for the interests of education, research, and other uses that contribute to public welfare (Maskus, 2004); 2) Fair use (fair use), the principle of fair use allows the use of copyright work without permission for copyright holders in certain limits, such as in educational activities, research, criticism, reviews, or news reporting. The value of justice ensures that such use does not violate the rights of copyright holders, while providing space for the community to access, use, and participate in cultural life; 3) Fair compensation, copyright based on justice values also considers the granting of fair compensation to copyright holders (Mashdurohatun & Mansyur, 2017). This includes arrangements that ensure that copyright holders receive reasonable rewards for the use of their copyrighted works by other parties, both in the form of royalties, profit sharing, or other compensation in accordance with the values and contributions of the copyright; 4) Protection of the interests of weak parties:

the value of justice also emphasizes the protection of the interests of weak parties in the context of copyright, such as independent artists, new writers, or indigenous peoples who have valuable cultural traditions. In this case, copyright regulations and policies can be designed to provide fair protection and easier access for those who are helpless (Sa’, Adah, Wedadjati, & Asmara, 2022).

Each creator has exclusive rights in the form of moral rights, and economic rights to obtain economic benefits for their personal creation in the Creator to maintain their rights in the case of distortion, mutilation, modification of creation, or things that are detrimental to self -honor, or reputation. The law considers copyright as an intangible movable object. Based on Article 16 paragraph (2) of the Copyright Law, copyright ownership can switch or divert either all or partly (Sugiati & Tien F, 2023). This copyright transfer is commonly referred to as transfer, which is the transfer of copyright to others, where the Creator as long as he releases his rights to others because:

inheritance; Grant; Waqf; Will; Written agreement; or other reasons that are justified in accordance with statutory provisions.

Based on these reasons, copyright ownership can be transferred one of them because of inheritance. So, the exclusive rights of the creator in the form of moral rights and economic rights can also be transferred by inheriting?

What is meant by "can switch or transfer" is only its economic rights as long as the Creator does not divert his rights. The transfer of economic rights to the creation as referred to in Article 16, Article 17, and Article 19 of the Copyright Law applies Mutatis Mutandis to the transfer of economic rights to the product

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of related rights (Usak, 2016). Meanwhile, related moral rights remain inherent in the Creator. Moral rights cannot be diverted as long as the creator is still alive, but the implementation of these rights can be diverted with a will or other reasons by the provisions of the legislation after the creator dies (Lubis, 2020).

Meanwhile, in the event of a transfer of implementation of moral rights, the recipient can release or reject the implementation of his rights by rejection of the implementation of these rights which are declared in writing.

Copyright transfer must be done clearly and written either with or without a notary deed. To whom was inherited? Often problems arise when the Creator dies. The Copyright Law itself has discussed this in Article 16 paragraph (2), where copyright ownership can be diverted either all or partly, one of which is by inheriting (Setyarini, 2014). The creator who has not yet been, or not an announcement, distribution, or communication after the creator died belongs to the heir or the property of the will.

However, these provisions do not apply if it is carried out in accordance with the law, but the heir must implement this unique copyright in accordance with the existing laws and regulations. Certain restrictions are imposed so that the Creator, Copyright Holder, and others who have been granted permission to publicize or multiply their creation do not abuse their rights. If the blood family and husband or wife who live the longest live, then the entire legacy becomes the property of the state, which must pay off the debts of the people who die, to the extent that the price of the bequest is sufficient. Although there has been a transfer of copyright over all creations to other parties, and there are those who knowingly and without the Creator's rights and approval infringe the Creator's moral rights, this does not diminish the Creator's or the heirs' rights to sue the infringing party.

That Law No. 28 of 2014 concerning Copyright does not specifically regulate the reconstruction of the transitional law of copyright through inheritance (Hidayat, Chandra, & Nassery, 2023). However, in the context of inheritance of copyrights, the general principles of civil law and other provisions in the Act can be a reference. In the case of copyright inheritance, the principles of civil law regarding inheritance will apply. Based on civil law, copyrights can be inherited from heirs through inheritance. Therefore, it is important to determine who is the heir of copyright based on the provisions of civil law in force in the country.

In this case, the process of inheritance of copyright must follow the provisions of the legislation governing the issue of inheritance, such as the law on inheritance, or civil law that applies in the country concerned. The inheritance process will involve the distribution of copyright between heirs in accordance with applicable rules and regulations. In the context of Law No. 28 of 2014 concerning Copyright (Sukiati, Rahmadany, Sebyar, Harahap, & Man, 2023), there are several things that need to be considered related to the inheritance of copyright, including: 1) Identification of heirs: It is important to

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identify heirs who are entitled to receive copyright. Usually, heirs can be determined through a will or based on applicable inheritance provisions; 2) Distribution of Copyright: After the heirs are identified, copyright can be divided between the heirs in accordance with applicable regulations. This division must be carried out by taking into account the requirements and criteria stipulated by the applicable law; 3) Implementation of Copyright:

After the distribution of copyrights is carried out, the heirs who receive copyright can carry out these rights in accordance with applicable legal provisions, including the use, management and protection of copyright.

However, keep in mind that each country can have different rules regarding the inheritance of copyright. Therefore, it is very important to refer to the laws and regulations that apply in your country to obtain more specific and accurate information regarding the process of inheritance. In Law No. 28 of 2014 concerning Copyright in Indonesia, there are provisions regarding the transition of copyrights through inheritance (Silfiani, 2022). Article 59 of the Law regulates personal copyright that can be diverted through inheritance (Abduh & Fajaruddin, 2021). The following is more information about the transition of copyrights through inheritance according to Law No. 28 of 2014 as follows:

1. Private copyright

Article 1 number 9 of Law No. 28 of 2014 defines "private copyright" as a copyright produced by someone in the work he does independently. This private copyright can include writing, music art, fine arts, performance arts, sound recordings, and other works produced by individuals.

2. Copyright transition through inheritance

Article 59 of Law No. 28 of 2014 states that the private copyright that is diverted through inheritance can be passed on to heirs for generations in accordance with applicable inheritance provisions (Rahayu & Fitrianda, 2020). In this case, the heirs who are entitled to receive copyright can be a copyright holder after inheritance is carried out.

3. Identification of heirs

To carry out copyright inheritance, heirs must be identified. This identification can be carried out based on the provisions of the inheritance law in force in Indonesia, such as through a will or applicable civil law provisions.

4. Copyright Transfer

After the heirs are identified, copyright transfer must be carried out through an administrative process in accordance with applicable laws and implementing regulations. Usually, this process involves making a certificate of copyright transfer or similar administrative procedure determined by the authorities. It is important to record that the provisions regarding the transition of copyrights through inheritance must be seen in the broader legislation and consultation with competent legal experts. If you have special needs related to the inheritance of copyright, it is

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recommended to consult directly with a notary or legal expert who is experienced in the law of intellectual property in Indonesia.

After the inheritance of copyright occurs and the registration of changes in copyright holders is completed, the heirs have the same rights and responsibilities as the original copyright holder. They have exclusive rights to control the use and use of inherited creative works, as well as the right to protect and uphold the copyright. It is important to note that the procedures and requirements for inheritance can be different in each jurisdiction.

Therefore, it is recommended to refer to the Copyright Act that applies in a particular country or consult a legal expert to obtain more accurate information and in accordance with applicable law in the context of copyright inheritance.

Therefore, the purpose of this writing is to analyze the law of copyright transition through inheritance according to Law no. 28 of 2014 concerning copyright based on justice value.

2.

Research Method

Normative juridical research methods are research approaches used to analyze and interpret laws through literature studies and existing legal sources.

This method focuses on the use of existing legal materials, such as laws, regulations, court decisions, and other legal documents, to understand legal regulations and principles relating to research topics (Alincia & Sitabuana, 2021).

The first step is to identify and formulate the legal issue of copyright transition through inheritance according to Law No. 28 of 2014 concerning Copyright Based on Justice Value. This legal problem can be related to the interpretation of legal regulations, legal vacuum, legal conflict, or other legal issues. Furthermore, a collection of legal sources is relevant to the legal issues studied. This source of law can be in the form of laws, especially Law No. 28 of 2014, regulations, court decisions, documents, legal literature, especially those contained in the reputable journal, and other legal sources (Bachtiar, 2018).

After the legal source is collected, an analysis and evaluation of these sources is carried out. This analysis involves the identification of relevant legal regulations related to copyright, searching for legal precedents, and interpretation of legal principles related to the legal issues studied. The results of the analysis and evaluation of legal sources are then used to compile arguments that will support or discuss the legal issues studied. This argument must be based on an appropriate interpretation and understanding of legal regulations and applicable principles.

In the last stage, conclusions from normative juridical research are arranged based on the results of the analysis and making arguments that have been carried out (Benuf & Azhar, 2019). This conclusion reflects the answers or opinions of researchers on the legal issues studied, which are based on the interpretation and understanding of the law that has been developed. Normative juridical research methods are useful for understanding, interpreting, and clarifying legal problems by referring to existing legal sources. However, it is important to remember that normative juridical research only provides legal analysis and does

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not include social, political, or economic aspects related to the legal issue.

3.

Results and Discussion

Law No. 28 of 2014 concerning Copyright Based on Justice Value

Copyright is defined in Law 28 of 2014 as the creator's exclusive right that arises automatically based on declaratory principles after a creation is realized in a real form without decreasing limits in accordance with statutory rules (Marchellia, 2023). The law governing copyright in Indonesia has undergone numerous modifications. The exclusive right of the creator that develops naturally based on declaratory principles after a creation is realized in a real form without lowering constraints in accordance with legislative regulations is defined in Law Number 28 of 2014. Copyright Law No. 28 of 2014 provides a clear legal framework for the transfer of copyright through inheritance. By regulating these aspects, the law ensures proper protection and management of copyright after the copyright holder dies, as well as providing legal certainty for the heirs who receive the copyright.

Copyright applies to various types of artwork or creative works or

"creation". This creation can include poetry, drama, and other writing, film, choreographic works (dance, ballet, etc.), music composition, Sound recordings, paintings, images, sculptures, photography, computer software, radio and television transmissions, and (in some countries) industrial design are all examples of protected works. Copyright is one sort of intellectual property right, but it differs from other types of intellectual property rights, such as patents, which grant monopoly rights to the use of inventions, in that copyright is not a monopoly right to do something, but rather the right to prevent others from doing it.

The replacement of Law Number 19 of 2002 concerning Copyright with Law Number 28 of 2014 concerning Copyright is carried out by prioritizing national interests and paying attention to the balance between the interests of the Creator, Copyright Holder, or owner of related rights, with the community, as well as paying attention to the provisions in the international agreement concerning copyright and related rights.

Law Number 28 of 2014 concerning Copyright was ratified by the President Dr. H. Susilo Bambang Yudhoyono on October 16, 2014. Law 28 of 2014 concerning Copyright Promulgated by Menkumham Amir Syamsudin on October 16, 2014 and was placed in the State Gazette of the Republic of Indonesia of 2014 Number 266. Explanation of Law 28/2014 concerning Copyright is placed in additional State Gazette of the Republic of Indonesia Number 5599.

Law No. 28 of 2014 concerning Copyright is a law in Indonesia governing legal protection against copyright and intellectual property (Sharfina, Paserangi, Rasyid, & Fuady, 2021). This law includes various provisions regarding the registration of copyright, copyright holders, the use

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of copyright work, copyright protection, and law enforcement related to copyright violations.By providing a clear legal framework, Copyright Law no. 28 of 2014 provides legal certainty for the transfer of copyright through inheritance. This allows the heir to regulate the inheritance of copyright through a will and ensures that the heir legally receives copyright in accordance with applicable regulations.

The scope and object of protection of this law includes various types of copyrighted works which include literary works, arts, scientific, music, film, and other creative works produced by human creations that have economic or aesthetic value. This law gives exclusive rights to copyright holders to control the use and utilization of protected creativity. Copyright holders can be in the form of creators, legal successors, or those who have the right to the work in accordance with applicable agreements or laws. This law provides an option for copyright holders to register their copyright in the Ministry of Law and Human Rights. Copyright registration helps in protecting the rights of copyright holders and providing legal certainty. This law regulates various aspects of the use of copyright works, including the use for educational purposes, research, criticisms, reviews, and news. This law also regulates the rights to use copyrighted works that can be granted through licenses or permits from copyright holders. Also provides legal protection against copyright violations, including actions involving multiplication, circulation, and utilization of copyright works without permission. This law also provides provisions regarding law enforcement, sanctions, and dispute resolution procedures related to copyright.

This law gives authority to law enforcement officials, such as the police and prosecutors, to conduct supervision, investigation, and prosecution of copyright infringement. This law also forms a Copyright Council responsible for overseeing the implementation and development of policies in terms of copyright. UU no. 28 of 2014 concerning Copyright is an important legal instrument in protecting the rights of copyright and encouraging the development of intellectual property in Indonesia (Purwandoko, Sulistiyono,

& Hawin, 2021). This law regulates the relationship between copyright holders, users of copyright, and the general public to achieve a fair balance in the use and protection of copyrights.

Copyright is an intangible moving object and is an object of inheritance, so that it can be passed on to every heir who is entitled to the copyright (Fatoni, Sulistiyono, & Karjoko, 2023). The heirs in the inheritance of copyright are to maintain and preserve the creativity of the Creator when he has died. The heirs must live when the heir dies. The heirs are divided into 2 (two) inheritance systems: First, inheritance according to the law/due to death/without a will, which consists of the first group, namely husband/wife, and heirs children and their descendants from children. The second group, namely the father and mother, or one of the ladies and gentlemen, along with their brothers and sisters. The third group, namely

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grandfather, grandmother and so on, along with the family in a straight line up, both in the father's line and in a thousand lines. The fourth group, the brothers of both parents and all their offspring to the sixth degree. Second, inheritance according to a will. Copyright can switch or divert, but what is meant by "can switch or transfer" is only economic rights, while moral rights remain inherent in the creator. Copyright transfer must be done clearly and written either with or without a notary deed. Copyright protection lasted for 70 (seventy) years after the Creator died, starting from January 1 the following year.

Intellectual Property Rights

Copyright has given great authority to the Creators. In accordance with the understanding of intellectual property rights (IPR), copyrights can be interpreted as property rights inherent in the works of copyright in the fields of literature, art, and science such as writing, music, paintings, sculptures and so on (Kholiq et al., 2022). In essence, copyright is the right that the Creator has to exploit in various ways of the creative work produced. The notion of copyright is articulated in the 2002 Copyright Law as an exclusive right to the author or recipient of the right to declare or increase its creation or give permission for it by not decreasing restrictions in accordance with applicable laws and regulations.

Understanding Copyright as Exclusive Rights in the Copyright Law 2002 is felt to need further explanation, because even though copyright is exclusive, copyright holders do not easily maintain it. While the definition of copyright according to the 2014 Copyright Law, is the exclusive rights of the creator that arises automatically based on declarative principles after a creation is realized in real form without reducing restrictions in accordance with statutory provisions.

Copyright as a property rights has the consequence that the Creator received legal protection or protection against the use of copyrights illegally or without the Creator's permission (Muthoharoh, 2021). Utilization of a creation by the Creator does not take place eternal or forever. If the use of creation by the community is done freely is unfair for the Creator, on the contrary the use of unlimited creation by the Creator also brings injustice to the community. The compromise that occurs between copyright supporters and those who reject copyright is that copyright has a limited validity period (copyright is limited in time).

The rights covered in copyright, are exclusive rights and economic rights and moral rights. Some exclusive rights that are generally granted to copyright holders are the right to: 1) Making copies or reproduction of creation and selling copies (including, generally electronic copies); 2) import and export creation; 3) Creating a derivative or derivative work of creation (adapting creation); 4) display or showcase creation in public; and 5) Selling or transferring these exclusive rights to other people or parties.

Copyright applies in different periods of time in different jurisdiction for different

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types of creation. The validity period can also depend on whether the creation is issued or unpublished. In Indonesia itself, according to the 2014 Copyright Law, the implementation of copyright protection periods is added to 70 (seventy) years.

This is done with the reason to respect and protect the Creator so that it has more time to enjoy its economic rights. In addition, in practice, the creator rights have not been fully guaranteed in the Copyright Law. It means that in the 2002 copyright law, the creator rights are formulated globally, namely the right to announce and multiply so that other creators' rights are not explicitly stated in the formulation of Article 2 paragraph (1). This is of course very influential on the creator in exploring the economic rights they have because it becomes less protected and does not have a strong legal basis.

Then based on practice in the community, the implementation of ordinary offense for criminal acts in the field of copyright was felt to be inappropriate. This is because copyright is an exclusive civil rights, so ideally a violation of copyright is a complaint offense because the one who knows the most forgery of a creation is the creator itself. This is then clarified by the burden of proof, which investigators felt to be difficult to prove the existence of criminal acts in the field of copyright without reports from rights holders.

In the 2014 Copyright Law, new materials regarding the protection of the transfer of economic rights in the form of Sold Flat will return to the Creator after 25 (twenty -five) years. Based on the explanation of Article 18 of the 2014 Copyright Law, what is meant by SELL is an agreement that requires the Creator to surrender his creation through payment in full by the buyer so that the economic rights of the creation switch entirely to the buyer without time limits, or in practice it is known as sold flat. It can be simply said that the notion of Selling Flat (Sold Flat) here is a form of agreement that diverts copyright as a whole or in part to other parties without time limit and absolute.

Copyright transition through inheritance about copyright

In Article 1 of Law Number 28 of 2014 about Copyright, copyright is defined as the creator's exclusive right that develops automatically based on declaratory principles after a creation is realized in a real form without decreasing limits in line with statutory rules (Alghofiki, Iskandar, & Wardana, 2021).

Copyright Law No. 28 of 2014 in Indonesia regulates the transfer of copyright through inheritance. Article 42 Paragraph (1) of the law states that copyright will be transferred to heirs or legal recipients after the copyright holder dies. The transfer of copyright through inheritance is regulated in the Copyright Law No.

28 of 2014 ensures that copyrights can be continued appropriately after the copyright holder passes away (Rahaditya, Yusuf, & Julianto, 2022). This provides legal certainty for heirs and protects copyright effectively in accordance with the provisions in force in Indonesia.

Based on Article 16 of the Copyright Act, copyright can switch both entirely or in part and this transition is given to others because: 1) Inheritance; 2) Grant; 3) Waqf; 4) Will; 5) Written agreement; 6) Other reasons are justified in accordance

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with the provisions of the legislation. Copyright can be diverted but what is only diverted is its economic rights while the moral rights remain inherent in the Creator. As for Article 5 paragraph (1) of the Copyright Act regulates that moral rights are the right that is eternally inherent in the Creator to (Mauli, 2019):

1. Keep stating or not losing his name in a copy in connection with the use of its creation to the public

2. Using the name allars or the pseudonym

3. Changing his creation in accordance with propriety in society 4. Changing the title and child of the title of the creation

5. Maintaining their rights in the case of distortion creation, creation mutilation, creation modification, or things that are detrimental to self -honor, or reputation

While the economic rights are the exclusive rights of the creator or copyright holder to obtain economic benefits for creation. Copyright transition through inheritance can be done if the Creator has died, has inheritance and has an heir. In this case the inheritance can be in the form of copyright because copyright has economic rights for this creation. If the copyright transition has been given entirely to other parties, for example to the heirs and there are people who deliberately or without the approval of the Creator who violates the moral rights of the Creator, the Creator and the heirs can sue that party. If a creator has died and leaves copyright then the copyright belongs to the heir or the recipient of the will. Copyright cannot be confiscated if obtained unlawfully and this provision applies to copyright that has been announced or not announced or has not been announced. If the Creator does not leave the heirs, all the property will become the property of the state.

Regarding who are the heirs and the rights of each of this are determined by the selected inheritance legal system, because Indonesia still adheres to various inheritance law pluralism, namely the law of Islamic inheritance, the law of customary heritage, and the law of western civilian heritage based on the Criminal Code. If there are no heirs, it becomes the property of the state that will later be used to pay off the debt of the owner of the work.

The heirs must make inheritance deeds as authentic proof of rights ownership, along with a Certificate of Death and Certificate of Inheritance, and must record to the Directorate General of Intellectual Property by attaching a proof document to transfer rights (Tambunan, Panjaitan, & Siahaan, 2023). If there are other parties who violate the copyright of the work intentionally and without the approval of the owner with a commercial purpose, the heirs are allowed to make a lawsuit. There are three important elements in the inheritance of copyright, namely the creator who has died, the work left behind and the heirs.

The context of inheritance, there are three important elements that need to be considered, namely: 1) Creator who has died: Creator who has died is an individual who has the initial copyright of the work they produce during their lives. After the death of the Creator, the copyright can be transferred to another party, namely the heirs; 2) Work left behind: The work left behind refers to the works that have been created by the creator who has died. This work can be in

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the form of writing, music, paintings, films, or other forms of copyright. These works are part of the intellectual heritage inherited to the heirs; 3) Heirs: Heirs are parties who are legally entitled to receive copyright for the work left by the creator who has died. This heir can consist of direct families such as husband/wife, children, or other parties appointed in a will. The heirs will inherit copyright and become copyright holders for the work.

Copyright transfer can be done in two ways, namely offline and online. If you want to take care of it offline, you can go directly to the Regional Office of the Ministry of Law and Human Rights or the Regional Office of the Department of Law and Human Rights located in each provincial capital. For example you live in the North Sumatra region. Means that the management of copyright transfer procedures can only be carried out at the Office of the Directorate General of Intellectual Property Ministry of Law and Human Rights in the city of Medan. Of course, by bringing the required requirements documents. Requirements for registration application include the name, address and citizenship of the creator and the holder, the title of the work. Copyright transfer must be submitted with a request for recording at the Directorate General of Intellectual Property, and announced in official news at the Director General of Intellectual Property. The transfer of rights that are not recorded to the Directorate General of Intellectual Property does not have legal consequences to third parties.

4. Conclusion

Copyright has economic worth as an immaterial object or intangible moving thing and can be diverted through inheritance. The processes for transferring copyrights in an inheritable manner are not detailed in Law Number 28 of 2014.

Copyright transfers must be submitted with a recording request to the Directorate General of Intellectual Property and notified in official news to the Directorate General of Intellectual Property. Although the transfer of copyright by inheritance is not specifically addressed in Law Number 28 of 2014, Indonesia adheres to three (three) inheritance law systems, including customary inheritance, Islamic inheritance, and civil inheritance. Every intellectual property right that is passed down through inheritance occurs automatically due to the death of the creator or rights holder (heir) and leaving an inheritance that can be done verbally. The civil inheritance legal system is utilized in copyright transfer, and it is based on the recording of the transfer in the Director General of Intellectual Property. To get their rights as heirs, heirs must execute an inheritance deed accompanied by a death certificate and inheritance certificate, and heirs must register with the Director General of Intellectual Property, accompanied by documentation pertaining to the transfer of rights. Most people divert their rights through the civil resistant legal system because it is easier to do so than through the law of customary inheritance or Islamic inheritance law. In the civil resistant legal system, there is no difference between the heirs and there is no difference between the expert Inheritance of men and women, and it also does not distinguish the order of births from the legal basis of the Civil Code (Burgerlijk Wetboek). The copyright law must be more specific in managing the distribution of copyright

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inheritance through the development of implementing regulations in the form of government regulations.

Referenc es

Abduh, R., & Fajaruddin. (2021). Intellectual Property Rights Protection Function in Resolving Copyright Disputes. International Journal Reglement & Society (IJRS, 2(3), 170–178. https://doi.org/10.55357/ijrs.v2i3.154

Windsor Yearbook of Access to Justice, 35, 11–39.

https://doi.org/10.22329/wyaj.v35i0.5109

Alghofiki, M. L., Iskandar, H., & Wardana, D. J. (2021). Legal Protection Against Song Covers in Snack Video Applications Judging from Law Number 28 of 2014 concerning Copyrights. Journal Universitas Muhammadiyah Gresik Engineering, Social Science, and Health International Conference (UMGESHIC), 1(2), 429.

https://doi.org/10.30587/umgeshic.v1i2.3416

Alincia, D., & Sitabuana, T. H. (2021). Urgency of Law Amendment as Foundation of The Implementation of Cyber Notary. LAW REFORM, 17(2), 214–231. Retrieved from https://ejournal.undip.ac.id/index.php/lawreform/article/view/41749 Bachtiar. (2018). METODE PENELITIAN HUKUM. Tangerang Selatan: UNPAM

PRESS. Retrieved from

http://eprints.unpam.ac.id/8557/2/MIH02306_MODUL UTUH_METODE PENELITIAN HUKUM.pdf

Benuf, K., & Azhar, M. (2019). Metodologi Penelitian Hukum sebagai Instrumen Mengurai Permasalahan Hukum Kontemporer. Gema Keadilan, 3(2), 145–160.

https://doi.org/https://doi.org/10.14710/gk.7.1.20-33

Fatoni, Y., Sulistiyono, A., & Karjoko, L. (2023). The Comparative Study About Intellectual Property Rights And The Transfer Of Land Rights For The Development Of Indonesia Land Law. Unram Law Review, 7(1).

https://doi.org/10.29303/ulrev.v7i1.263

Hidayat, A., Chandra, T. Y., & Nassery, J. (2023). LEGAL REVIEW OF COPYRIGHT AS CREDIT COLLATERAL IN THE GUARANTEE LEGAL SYSTEM IN INDONESIA. Jurnal Hukum DE’RECHTSSTAAT, 8(2 SE-Articles). Retrieved from https://ojs.unida.ac.id/LAW/article/view/6811

Kholiq, M. N., Puspanita, D. A., & Thalib, P. (2022). Copyright Protection of Art Containing Nudist Elements Under Positive Law In Indonesia. Law and Justice, 6(2), 161–173. https://doi.org/10.23917/laj.v6i2.17480

Lubis, U. S. (2020). Hak Kekayaan Intelektual Sebagai Objek Wakaf. Iuris Studia: Jurnal Kajian Hukum, 1(1). https://doi.org/10.55357/is.v1i1.18

Marchellia, S. N. (2023). Larangan Membawakan Lagu Tanpa Izin Berdasarkan Undang-Undang Hak Cipta. Journal of Intellectual Property, 6(1), 20–30.

https://doi.org/https://doi.org/10.20885/jipro.vol6.iss1.art3

Mashdurohatun, A., & Mansyur, M. A. (2017). Model Fair Use/Fair Dealing Hak Cipta Atas Buku dalam Pengembangan IPTEK pada Pendidikan Tinggi. Jurnal Hukum

(13)

IUS QUIA IUSTUM, 24(1), 29–51.

https://doi.org/10.20885/iustum.vol24.iss1.art2

Maskus, K. E. (2004). THE GLOBALIZATION OF PRIVATE KNOWLEDGE GOODS AND THE PRIVATIZATION OF GLOBAL PUBLIC GOODS. Journal of International Economic Law, 7(2), 279–320. https://doi.org/10.1093/jiel/7.2.279 Mauli, C. A. (2019). UNDERSTANDING OF THE BATIK LAWEYAN SOLO

CREATOR FOR COPYRIGHT (STUDY OF LAW NUMBER 28 OF 2014 CONCERNING COPYRIGHT). Diponegoro Law Review, 4(1), 47.

https://doi.org/10.14710/dilrev.4.1.2019.47-59

Muthoharoh, D. A. (2021). Iconic Fictional Object as Separately Copyrighted Work from the Original Work. Jurnal Media Hukum, 28(1), 57–74.

https://doi.org/10.18196/jmh.v28i1.11045

Purwandoko, P. H., Sulistiyono, A., & Hawin, M. (2021). The Implementation of the Traditional Cultural Expression (TCE) Protection in Indonesia Based on Article 38 Law Number 28 of 2014 regarding Copyright. Indonesian Journal of International Law, 18(4), 543–570. https://doi.org/10.17304/ijil.vol18.4.823

Rahaditya, R., Yusuf, Y., & Julianto, T. G. (2022). The Urgency of Understanding the Law Number 28 Year 2014 on Copyright to Minimize Copyright Infringement in Indonesia.

https://doi.org/10.2991/assehr.k.220404.170

Rahayu, S. W., & Fitrianda, W. (2020). Ekspresi Budaya Tradisional Lagu Aceh dan Model Pewarisannya. Kanun Jurnal Ilmu Hukum, 22(1), 25–48.

https://doi.org/10.24815/kanun.v22i1.12781

Sa’, N., Adah, N. A., Wedadjati, R. S., & Asmara, A. F. (2022). Evaluating equal employment opportunity in Indonesian industries to accommodate disabled workers. International Journal of Business and Systems Research, 16(5/6), 624.

https://doi.org/10.1504/IJBSR.2022.125476

Setiady, T. (2015). HARMONISASI PRINSIP-PRINSIP TRIPS AGREEMENT DALAM HAK KEKAYAAN INTELEKTUAL DENGAN KEPENTINGAN NASIONAL.

FIAT JUSTISIA:Jurnal Ilmu Hukum, 8(4).

https://doi.org/10.25041/fiatjustisia.v8no4.322

Setyarini, E. P. (2014). Akibat Hukum Peralihan Hak Atas Tanah Karena Pewarisan yang Tidak Didaftarkan pada Kantor Pertanahan Menurut Pasal 42 Peraturan Pemerintah Nomor 24 Tahun 1997 Tentang Pendaftaran Tanah. Jurnal Mahasiswa Fakultas Hukum Universitas Brawijaya. Retrieved from http://hukum.studentjournal.ub.ac.id/index.php/hukum/article/view/662 Sharfina, N. H., Paserangi, H., Rasyid, F. P., & Fuady, M. I. N. (2021). Copyright Issues

on the Prank Video on the Youtube. https://doi.org/10.2991/assehr.k.211014.021 Silfiani, D. (2022). Indonesian Legal Protection for Song Commercialization and Music

Copyrights in Digital Platforms. PADJADJARAN Jurnal Ilmu Hukum (Journal of Law), 9(2), 152–169. https://doi.org/10.22304/pjih.v9n2.a1

Sinaga, N. A. (2020). PENTINGNYA PERLINDUNGAN HUKUM KEKAYAAN INTELEKTUAL BAGI PEMBANGUNAN EKONOMI INDONESIA. Jurnal Hukum Sasana, 6(2), 144–165. https://doi.org/10.31599/sasana.v6i2.385

Sugiati, F. D., & Tien F, M. A. (2023). PROTEKSI HAK CIPTA ATAS KONTEN TIKTOK YANG DISIARKAN PADA ACARA TELEVISI. UNES Law Review, 5(4), 1930–1948. https://doi.org/https://doi.org/10.31933/unesrev.v5i4.515

(14)

Sukiati, S., Rahmadany, R., Sebyar, M. H., Harahap, P. H., & Man, Y. L. (2023).

Copyright as a Waqf Object in the Context of Fiqh and Positive Law. Al-Istinbath:

Jurnal Hukum Islam, 8(1 May), 269–290. https://doi.org/10.29240/jhi.v8i1.6696 Tambunan, M., Panjaitan, B., & Siahaan, N. (2023). Legal Protection of Copyright

Based on Law Number 28 of 2014 Concerning Copyright. Journal of Social Research, 2(4), 1355–1362. https://doi.org/10.55324/josr.v2i4.807

Usak, U. (2016). PERLINDUNGAN HUKUM TERHADAP HAK TERKAIT PRODUSER FONOGRAM ATAS MECHANICAL RIGHTS FONOGRAM YANG DIKOMERSILKAN OLEH PIHAK LAIN. Refleksi Hukum: Jurnal Ilmu Hukum, 10(1), 55–70. https://doi.org/10.24246/jrh.2016.v10.i1.p55-70