ANALISIS PUTUSAN MAHKAMAH KONSTITUSI TERKAIT PENGELOLAAN TEMPAT PERDAGANGAN DALAM PENYEDIAAN DAN/ATAU PENGGANDAAN BARANG HASIL PELANGGARAN HAK CIPTA (STUDI PUTUSAN MK NOMOR 84/PUU-XXI/2023)

Copyright is a crucial element in protecting intellectual property, serving as the foundation for the development of the creative economy in Indonesia. This study analyzes the Constitutional Court Decision Number 84/PUU-XXI/2023 concerning the management of trading places involved in the provision and/or reproduction of goods resulting from copyright infringement. The primary focus is the legal reasoning of the judges regarding Articles 10 and 114 of Law Number 28 of 2014 on Copyright and the implications of this decision for copyright and related rights protection in the digital era.
The findings reveal that the acceptance of Article 10 strengthens the legal basis for holding trading place managers accountable for preventing copyright infringement. However, experts such as Agus Sardjono and Widodo Dwi Putro argue that Article 10 is outdated, as it focuses primarily on physical trading places while overlooking digital platforms, which have become a major venue for modern copyright violations. On the other hand, the rejection of Article 114—which only stipulates a maximum fine without imprisonment—is deemed insufficient to create a deterrent effect and fails to uphold the proportionality principle in criminal sanctions.
This study concludes that Article 114 should be revised to include imprisonment as a sanction, while the interpretation of Article 10 needs to be broadened to address technological advancements. These steps are expected to enhance legal protection for creators and strengthen effective enforcement of intellectual property rights in Indonesia.