Volume 24, Issue 1 (1-2017)                   EEBL 2017, 24(1): 1-10 | Back to browse issues page

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Tan W, Syarief E, Shahrullah R S. Combatting Pirated VCDs/DVDs in Batam City, Indonesia: “Facts and Expectations”. EEBL. 2017; 24 (1) :1-10
URL: http://europeansp.org/article-18-83-en.html
Universitas Internasional Batam, Jalan Gajah Mada, Baloi Sei Ladi, Batam 29442, Indonesia
Abstract:   (51 Views)
In 2014 the Indonesian government enacted a new Copyright Law, namely Law No.28 of 2014 on Copyright to replace Law No.19 of 2002. However, piracy levels in Indonesia are among the highest in the world, at an 85-95% range for all industry sectors. Among other Indonesian cities, Batam City remains a haven for pirated VCDs/DVDs. This research aims to analyze the reasons that the people of Batam buy pirated VCDs/DVDs and provide solutions for the effective implementation of the new Copyright Law. To meet these aims, a socio-legal/empirical research method was adopted, that considers law as a social phenomenon and uses a structural approach by utilising Soerjono Soekanto’s Effectiveness of Law Theory. According to this theory, the five factors in the effective implementation of law are: the legal substance must contain justice, certainty and utility; law enforcers must be professional and ethical; legal facilities and means must be supported by good organisation, equipment and adequate finance; society must act to achieve harmony among its members; and the legal culture must contain the common values of society (e.g. morality, sustainability, security and order). In-depth interviews and observations were adopted as the means of data collection. The research finds that even though most of Batam society understands that pirated VCDs/DVDs constitute a violation of the Copyright Law, they still buy them because newly released foreign movies can be purchased at lower prices. It was reported that the raids conducted by law enforcers are merely focused on Indonesian movies. In order to prevent or minimize the copyright infringement, especially the production and sale of pirated VCDs/DVDs in Batam City, the law enforcers (police, prosecutors and judges) should establish best practice by imposing optimum penalties on the perpetrators. The police should conduct raids against both Indonesian and foreign pirated VCDs/DVDs. The Batam City government and law enforcement should engage the community to combat the sale and production of pirated VCDs/DVDs by raising public awareness regarding the implementation of the new copyright law and imposing strict penalties on the violators.
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Received: 2019/08/7 | Accepted: 2019/08/7 | Published: 2019/08/7

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