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Anti-Plagiarism Statement
I. Statement
I am firmly against plagiarism. To me, an original work is like a baby born from your mind. It takes a certain amount of time to pour it onto a blank page and shape it into a story for people to read. Sometimes, in this process, you lose sleep because you’re wracking your brain to make it a masterpiece. At times, you might even get sick. However, when the baby of your imagination is born, you instantly fall in love with it. Your pain and exhaustion then vanish because of it.
Therefore, those who take your work in the form of total theft, theft of elements (dialogue, scenes, substance), then duplicate, or even modify it and claim it as their own are the worst people in the literary world. Those who claim to be writers or authors should be aware of the dangers of this and fight against it. The same goes for readers. Be the main gateway for us to identify it.
Those who steal other people’s precious things (intellectual property rights) or support this to the point of hurting the original owner, may face legal sanctions, financial karma, or the karma of losing other precious things in life.
II. Plagiarism in Indonesia
Who can be considered to have infringed copyright and committed plagiarism? It could be yourself, another party who plagiarized your work, or even the party who published it commercially or without permission. Resolving plagiarism through mediation usually entails compensating the copyright owner based on the value of both the moral and economic losses incurred.
I should emphasize that, although in Indonesia cases of creative writing plagiarism rarely go to court, this does not mean that such cases are ignored. Instead, it’s because Indonesian law recommends mediation first before pursuing criminal charges or a civil lawsuit (you can read the relevant article below). If mediation reaches a deadlock, then, of course, your case can go to court.
III. Copyright Law Explanation According to Undang-Undang No. 28 tahun 2014
Article 1
1. Copyright is the exclusive right of the creator that arises automatically based on the declarative principle after a work is realized in a tangible form, without reducing restrictions in accordance with the provisions of laws and regulations.
2. A creator is a person or several individuals who, individually or collectively, produce a distinctive and personal work.
3. Creation is any creative work in the fields of science, art, and literature produced through inspiration, ability, thought, imagination, dexterity, skill, or expertise, expressed in a tangible form.
4. The Copyright Holder is either the Creator, the party who legally acquires the rights from the Creator, or other parties receiving additional rights from the legal rights holder.
Article 40
1. Protected creations include works in the fields of science, art, and literature. These creations consist of:
(1) books, pamphlets, illustrations of published works, and all other written works.
Article 8
Economic rights are the exclusive entitlements of the creator or copyright holder to derive economic benefits from the creation.
Article 9
(1) The Creator or Copyright Holder, as referred to in Article 8, has the economic right to perform the following:
a. Publication of Creation;
b. Reproduction of Creation in all its forms;
c. Translation of Creation;
d. Adaptation, arrangement, or transformation of the Creation;
e. Distribution of the Creation or copies thereof;
f. Performance of Creation;
g. Announcement of Creation;
h. Communication of Creation; and
i. Leasing of Creation.
(2) Every person who exercises the economic rights referred to in paragraph (1) must obtain the permission of the Creator or Copyright Holder.
(3) Any person who reproduces and/or commercially uses the Creation without the authorization of the Creator or Copyright Holder is prohibited.
IV. Sanctions for Infringement Under Copyright Law No. 28 of 2014
Article 113
1. Any person who unlawfully infringes economic rights as referred to in Article 9, paragraph (1), letter i for commercial use shall be punished with imprisonment of not more than 1 (one) year and/or a maximum fine of Rp100,000,000 (one hundred million rupiah).
2. Any person who, without rights and/or without the authorization of the Creator or Copyright holder, infringes the economic rights of the Creator as referred to in Article 9, paragraph (1), letters c, d, f, and/or h for commercial use shall be punished with imprisonment of 3 (three) years and/or a maximum fine of Rp500,000,000.00 (five hundred million rupiah).
3. Any person who, without the right and/or without the permission of the Creator or Copyright holder, infringes the economic rights of the Creator as referred to in Article 9, paragraph (1), letters a, b, e, and/or g for commercial use shall be punished with a maximum imprisonment of 4 (four) years and/or a maximum fine of Rp1,000,000,000.00 (one billion rupiah).
4. Every person who fulfills the elements as referred to in paragraph (3) in the form of piracy shall be punished with a maximum imprisonment of 10 (ten) years and/or a maximum fine of Rp4,000,000,000.00 (four billion rupiah).
V. Dispute Resolution Under Copyright Law No. 28 of 2014
Article 95
1. Copyright dispute resolution can be pursued through alternative dispute resolution, arbitration, or the court.
2. The authorized court, as referred to in paragraph (1), is the Commercial Court.
3. Courts other than the Commercial Court, as referred to in paragraph (2), are not authorized to handle the settlement of copyright disputes.
4. In addition to infringement of copyright and/or related rights in the form of piracy, as long as the parties to the dispute are known to exist and/or are in the territory of the Unitary State of the Republic of Indonesia, they must first attempt to resolve the dispute through mediation before filing criminal charges.
Article 96
1. Creators, copyright holders, and/or holders of related rights or their heirs who suffer losses of economic rights are entitled to compensation.
2. Compensation, as referred to in paragraph (1), shall be granted and included at the same time in the court’s verdict on criminal cases of copyright and/or related rights.
3. Payment of compensation to the creator, copyright holder, and/or owner of related rights is made no later than 6 (six) months after a court decision that has permanent legal force.
