Critical Analysis of the Supreme Court Decision Number 63/PUU-XIX/2021 Regarding Sold Flat of Copyrights

This article is titled Critical Analysis of The Supreme Court Decision Number 63/PUU-XIX/2021 regarding Sold Flat of Copyright which criticizes about The Law of The Republic of Indonesia Number 28 of 2014, hereinafter referred as UUHC, especially in Article 18 and 122. The aim of this research is to analyze the concept of sold flat in UUHC which is contradictory compared to common knowledge and its relevance to the law system in Indonesia. The research method used in this writing is a normative juridical research, namely by conducting a literature study. The study shows that the term to return the economic right to the creator after the sold flat contract reaches twenty-five years, is required because the theory which fundamentally underlies the drafting of UUHC was structured to prioritize protecting the creator (subject), not the creation (object). Therefore, instead of forcing that term in UUHC which causes contracditio in terminis, this study provides suggestion to remove the concept of sold flat in UUHC and use the concept of license as the only way for creator to transfer the economic right to be exercised by other parties as Licensee

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Publication Details

Journal
Journal of Law Politic and Humanities
Published
2025-04-18
DOI
https://doi.org/10.38035/jlph.v5i4.1611
Primary Topic
Digital Transformation in Law
Type
article
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article

Critical Analysis of the Supreme Court Decision Number 63/PUU-XIX/2021 Regarding Sold Flat of Copyrights

Gratianus Prikasetya Putra, Ester Renata Patricia
Journal of Law Politic and Humanities
Digital Transformation in Law
article

Critical Analysis of the Supreme Court Decision Number 63/PUU-XIX/2021 Regarding Sold Flat of Copyrights

Gratianus Prikasetya Putra, Ester Renata Patricia
article en

Abstract

This article is titled Critical Analysis of The Supreme Court Decision Number 63/PUU-XIX/2021 regarding Sold Flat of Copyright which criticizes about The Law of The Republic of Indonesia Number 28 of 2014, hereinafter referred as UUHC, especially in Article 18 and 122. The aim of this research is to analyze the concept of sold flat in UUHC which is contradictory compared to common knowledge and its relevance to the law system in Indonesia. The research method used in this writing is a normative juridical research, namely by conducting a literature study. The study shows that the term to return the economic right to the creator after the sold flat contract reaches twenty-five years, is required because the theory which fundamentally underlies the drafting of UUHC was structured to prioritize protecting the creator (subject), not the creation (object). Therefore, instead of forcing that term in UUHC which causes contracditio in terminis, this study provides suggestion to remove the concept of sold flat in UUHC and use the concept of license as the only way for creator to transfer the economic right to be exercised by other parties as Licensee

Journal of Law Politic and HumanitiesVol. 5(4)
University of Indonesia (ID)
Openalex Percentile: Top 88%
Digital Transformation in Law
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Critical Analysis of the Supreme Court Decision Number 63/PUU-XIX/2021 Regarding Sold Flat of Copyrights — Gratianus Prikasetya Putra, Ester Renata Patricia · Journal of Law Politic and Humanities (2025) | TGRS Research Map | TGRS