PENYITAAN BARANG BUKTI DALAM TINDAK PIDANA PELANGGARAN HAK CIPTA TERHADAP KASET CD DAN VCD BAJAKAN DI POLDA SUMBAR
Abstract: Copyright is the
exclusive right of the creator nor assignee for publish or reproduce his
creations and gave permission for it to not reducing the restrictions according
to the applicable statutory. Copyright regulated in the Law No. 19 of 2002 on
copyright. Cases of infringement copyright handled by the Specialized Criminal
Investigation Directorate. The case of copyright infringement, in particular
the to works recordings of the CD and VCD there were 9 cases. Based on these
authors are interested to raise the issue of: 1). How is the implementation of
the confiscation of evidence CD and VCD proceeds of criminal copyright
infringement in Polda Sumbar? 2). Are the constraints faced by investigators to
do the confiscation of evidence CD and VCD proceeds of crime infringement
copyright in Polda Sumbar?. This study is a socio-juridical. Data used include
primary data obtained from interviews and observations, and secondary data
obtained from the study of documents. The data is analyzed by qualitative. From
the the study concluded that: 1). The confiscation of evidence CD and VCD
proceeds of criminal copyright infringement in Polda Sumbar, as the regulated
in Section 39 Paragraph (1). KUHAP, 2) The constraints faced by investigators
in doing confiscation of evidence CD and VCD with a criminal act of copyright
infringement in Polda Sumbar are often to the implementation of the raid, the
traders were already not sell pirated tapes (The raids was already known
before), and lack of personnel of Tim Subdit 1 who handles the case of
copyright.
Penulis: Siswendi, Uning
Pratimaratri, Syafril
Kode Jurnal: jphukumdd151226
