Copyright Law has proved to be unable to resolve violation cases of moral rights. Copyright has proven not to be a consideration in the process of creating art works and other creative works. Moreover, the Copyright law is not capable to protect the creatorâ€™s interests.
Copyright Law should be reconstructed by strengthening norms of recognition, respect and protection of moral rights, equivalent to economic rights. "This is conducted by referring and relying on rules and norms of moral rights protection; they should be the main pillar of the Law and national cultural values must be the character," said Henry Soelistyo Budi, SH, L.L.M, Deputy Secretary (Administration Division V) at the Office of the Vice-President during the open doctoral promotion exam of Law graduate program at the UGM Graduate School, Monday (3/5). The promoters were Prof. Dr. Nindyo Pramono, S.H., M.S. and co-promoter Prof. M. Hawin, S.H., L.L.M., Ph.D.
Henry said, in the era of global economy, the exploitation of creative works is more intensive, complex and multifactor, thus ignoring the respect to the creatorâ€™s moral rights. In fact, information technology development has reduced the norms of moral rights protection along with the weakening of legal awareness and the fragility of legal uncertainty. This is a very dangerous situation, threatening the order of the national life," said the man born in Solo, 27 September 1955.
In his dissertation entitled The Moral Rights Protection According to Copyright Law in Indonesia, Henry asserted that norms of moral rights regulation must be affirmed in the conception of copyright, along with the rules to guide the behavior of respect and the guarantee of effective, workable and adequate protection.
In Henry’s research, he proposed the revision of the Law No. 19 year 2002 about Copyrights andÂ enhanced with a focus on strengthening the conception of moral rights and norms of protection by relying on national cultural values, including rules of customary law and local wisdom.
To strengthen the legal culture based on recognition, respect and appreciation ethics towards moral rights, the government needs to socialize about the conception of moral rights protection, especially for users of creative works such as radio, television media, impresario, publishers, production house, advertising enterprises, dance artists, musicians, and painters. The government also needs to publish a Copyrights ethics guide book for users.
Examiner Team Leader, Prof. Dr. Marsudi Triatmodjo, S.H, L.L.M., in the promotion exam mentionedÂ that Henry Soelistyo Budi has successfully passed the exam cum laude. He is the 49th doctoral graduate from the Faculty of Law and the 1217th from UGM.
Seen attending the open doctoral promotion examinations were the Vice-President Prof.Dr. Boediono, Governor of Yogyakarta Sri Sultan HB X, and Senior Vice Rector for Administration, Finance and Human Resources Prof. Ainun Na’im, Ph.D.