Legal and Research Problems

Oct 13, 2025 by talynt.org 20 views

Introduction

In the world of education, the learning module is one of the most important sources that facilitate the teaching and learning process. This module is an intellectual work protected by copyright law, giving exclusive rights to the creator to use and distribute their work. Nevertheless, there is a risk of copyright violations that can occur, one of which is plagiarism, which is an act of copying intellectual work without permission from its owner. This is the background of the thesis entitled "Legal Protection of Copyright in the Form of Learning Module Based on Copyright Law Number 28 of 2014 (Study of Decision Number 17/Pdt.Sus-HKI/Copyright/2018/PN.Niaga SBY)".

The learning module is a crucial component of the education system, and its protection is essential to maintain the rights of creators and promote innovation and creativity in education. However, the lack of understanding and awareness of copyright law can lead to copyright violations, which can have severe consequences for both the creators and the users of the learning module. This article aims to provide in-depth insights on the protection of copyright law and educate readers about the importance of appreciating intellectual works, especially in the context of education.

Legal and Research Problems

This thesis aims to examine several aspects related to the protection of copyright law on the learning module. First, the author discusses the criteria and conditions that must be met by the Creator and Copyright Holder so that their learning module gets legal protection. Second, this thesis analyzes the application of declarative principles in the Copyright Law Number 28 of 2014 in providing legal protection to the Copyright Holder of the Learning Module. Finally, the authors analyze the judges' considerations and decisions taken related to copyright protection in the form of a learning module based on decision number 17/Pdt.Sus-HKI/Cipta/2018/PN.Niaga SBY.

The research problem of this study is to identify the criteria and conditions that must be met by the Creator and Copyright Holder to get legal protection for their learning module. The research question is: What are the criteria and conditions that must be met by the Creator and Copyright Holder to get legal protection for their learning module?

Methodology

The method used in this study is a juridical normative research method, which is an approach that refers to legal norms through literature studies to obtain secondary data that includes primary, secondary, and tertiary legal materials related to the problem under study. This method is suitable for this study because it allows the researcher to analyze and interpret the legal norms and principles related to copyright protection.

Judge's Results and Considerations

The results of this legal research show that the judge's consideration and decision in the case of copyright protection for the learning module in the decision number 17/Pdt.Sus-HKI/Cipta/2018/PN.Niaga SBY between PT. ENS Indonesia and PT. Delta Education Universe emphasized that the Defendant had been illegally duplicating or carrying out plagiarism of the Plaintiff's learning module without permission.

Analysis of the similarity of material and questions between the two modules provides a strong basis for judges to conclude the existence of copyright violations. Based on the applicable legal provisions, the judge decided to grant the plaintiff's lawsuit and provide compensation of Rp. 634,400,000. In addition, the judge also ordered the Defendant to withdraw modules that violate copyrights and pay the case fees.

Conclusion

Through this decision, it can be concluded that law protection against the copyright of the learning module is very important to maintain the rights of the creators of intellectual works. This case is a reminder for all parties to respect and respect the work of others, and understand the legal consequences of plagiarism. With strict legal protection, it is expected that innovation and creativity in education can continue to develop without worrying about copyright infringement.

Recommendations

Based on the findings of this study, the following recommendations are made:

Creators and Copyright Holders: Must ensure that their learning module meets the criteria and conditions for legal protection, such as registration and publication.
Users of Learning Module: Must respect and appreciate the intellectual work of others and obtain permission before using or distributing the learning module.
Educational Institutions: Must provide education and training on copyright law and its application in education.
Government: Must strengthen the enforcement of copyright law and provide support for creators and copyright holders.

Limitations of the Study

This study has several limitations, including:

Scope: The study only focuses on the protection of copyright law on the learning module and does not cover other aspects of copyright law.
Methodology: The study uses a juridical normative research method, which may not provide a comprehensive understanding of the research problem.
Data: The study relies on secondary data, which may not be up-to-date or accurate.

Future Research Directions

Future research can build on this study by:

Examining other aspects of copyright law: Future research can examine other aspects of copyright law, such as the protection of software and databases.
Using other research methods: Future research can use other research methods, such as empirical research, to provide a more comprehensive understanding of the research problem.
Collecting primary data: Future research can collect primary data to provide a more accurate and up-to-date understanding of the research problem.

Conclusion

In conclusion, this study provides an in-depth analysis of the protection of copyright law on the learning module. The study highlights the importance of respecting and appreciating intellectual work and the legal consequences of plagiarism. The study also provides recommendations for creators and copyright holders, users of learning modules, educational institutions, and government to strengthen the enforcement of copyright law and provide support for creators and copyright holders.

Q1: What is a learning module, and why is it protected by copyright law?

A1: A learning module is an intellectual work that is used in education to facilitate the teaching and learning process. It is protected by copyright law because it is an original work created by the author, and the author has the exclusive right to use and distribute the work.

Q2: What are the criteria and conditions for a learning module to be protected by copyright law?

A2: The criteria and conditions for a learning module to be protected by copyright law include:

The work must be an original work created by the author.
The work must be fixed in a tangible form, such as a book, video, or software.
The work must be published or registered with the relevant authorities.
The work must be used or distributed in a way that is not permitted by the author.

Q3: What is plagiarism, and how can it be prevented?

A3: Plagiarism is the act of copying or using someone else's work without permission or proper citation. It can be prevented by:

Properly citing sources and giving credit to the original author.
Using original work and not copying from others.
Obtaining permission from the original author before using or distributing their work.

Q4: What are the consequences of copyright infringement?

A4: The consequences of copyright infringement can include:

Financial penalties, such as fines or damages.
Injunctions to stop the infringing activity.
Loss of reputation and credibility.
Potential lawsuits and court proceedings.

Q5: How can creators and copyright holders protect their work?

A5: Creators and copyright holders can protect their work by:

Registering their work with the relevant authorities.
Publishing their work and making it publicly available.
Using copyright notices and warnings to deter infringement.
Monitoring their work for unauthorized use or distribution.

Q6: What is the role of educational institutions in protecting copyright law?

A6: Educational institutions have a role in protecting copyright law by:

Educating students and staff about copyright law and its application in education.
Providing resources and support for creators and copyright holders.
Encouraging the use of original work and proper citation.
Monitoring and enforcing copyright law on campus.

Q7: How can government support creators and copyright holders?

A7: Government can support creators and copyright holders by:

Strengthening copyright law and its enforcement.
Providing resources and funding for creators and copyright holders.
Encouraging the use of original work and proper citation.
Promoting education and awareness about copyright law.

Q8: What is the future of copyright law in education?

A8: The future of copyright law in education is likely to involve:

Increased emphasis on digital rights management and online copyright protection.
Greater use of open educational resources and creative commons licenses.
More emphasis on education and awareness about copyright law.
Potential changes to copyright law to reflect new technologies and educational practices.

Q9: How can readers learn more about copyright law and its application in education?

A9: Readers can learn more about copyright law and its application in education by:

Consulting with experts and professionals in the field.
Reading books and articles on copyright law and education.
Attending workshops and conferences on copyright law and education.
Joining online communities and forums to discuss copyright law and education.

Q10: What is the most important thing to remember about copyright law in education?

A10: The most important thing to remember about copyright law in education is that it is essential to respect and appreciate the intellectual work of others and to obtain permission before using or distributing their work.