JURIDICAL REVIEW OF SHIFTED OFFENSE IN COPYRIGHT LAW NUMBER 28 /2014

The objective of this study are: First, to find the reasoning behind changes in offenses in the Copyright Law number 28 /2014. Second, reviewing the impact of offense changes and their influence on the enforcement of copyright in Indonesia. This study uses a normative juridical method. Normative legal research is carried out through qualitative descriptive. While the legal material is collected, sorted and subsequently studied and analyzed for content, to obtain the level of synchronization, the feasibility of norms, and the submission of new normative ideas. The results of this study are that the complaint offense in the 2014 Copyright Law is suitable considering that copyright is something unformed. When a complaint is imposed, the copyright owner must know the details of the object of his creation. Changes of offenses in the copyright law need to be supported by the device and law enforcement in Indonesia. It is necessary to make additional regulations on the reporting mechanism and also the mechanism of complaints and reports through civil procedures. The impact of the offense change has become a crucial factor in the enforcement of copyright law in Indonesia. Given that so far the application of normal offenses seems to be running in place because law enforcers become passive and with complaints offense, all stakeholders can protect the copyright of the creator. Keyword: Copyrights, Criminal, Offense. A. INTRODUCTION In Indonesia, in the history of the country, there have been several regulations regarding copyright protection. In a formal juridical manner in 1912 auteurswet (wet van September 23, 1912, Staatblad 1912 Number 600). Which was later merged with the issuance of Law No. 6/1982 on Copyright which governed several affairs the same as the 1912 auteurswet from the Netherlands. In 1987 Law No. 7/1987 was born which was a change from Law No. 6 /1982. In Law No.7/1987 the scale of copyright protection is broader. Including the period of copyright protection extended to 50 years after the death of the creator. Record and video works fall into the protected category. One of the provisions in Law No.7/1982 is that in dealing with copyright infringement, the criminal regulation only uses complaint offenses, so it


A. INTRODUCTION
In Indonesia, in the history of the country, there have been several regulations regarding copyright protection. In a formal juridical manner in 1912 auteurswet (wet van September 23, 1912, Staatblad 1912. Which was later merged with the issuance of Law No. 6/1982 on Copyright which governed several affairs the same as the 1912 auteurswet from the Netherlands. In 1987Law No. 7/1987 was born which was a change from Law No. 6 /1982. In Law No.7/1987 the scale of copyright protection is broader. Including the period of copyright protection extended to 50 years after the death of the creator. Record and video works fall into the protected category. One of the provisions in Law No.7/1982 is that in dealing with copyright infringement, the criminal regulation only uses complaint offenses, so it 371 was changed through Law No. 7 /1987 to become a normal offense.
Then in the 1987 copyright law was changed with the issuance of Law No. 12/1997 because Indonesia participated in the Agreement on Trade-Related Aspect of Intellectual Property Rights, Including Trade Counterfeit Goods / TRIPs which is part of the Agreement Establishing the World Trade Organization (Agreement Establishing the World Trade Organization In addition, Indonesia also ratified the Berne Convention for the Protection of Architecture and Literary Works.
Then in 2002, copyright law was renewed again with Law No 19 /2002 on copyright which was later changed to Law No. 28 /2014. One exciting aspect about the recent changes is a change in criminal offense which was initially a normal offense to become a complaint offense. This change is very fundamental because it affects the enforcement of copyright law in Indonesia. Some problems arise so that it is interesting to study the extent to which new copyright protects the creators.
The problem formulation of this study is the reasoning factors behind the change of offense in Copyright Law No. 28 /2014 and seeing the impact of offenses change and its influence on the enforcement of copyright in Indonesia. The methodology has a vital role in the research and development of knowledge because it has several functions. Among others, is to increase the ability of scientists to conduct or carry out research better, or more fully and provide greater possibilities, to examine the unknown. 1 This study uses normative legal research. This type of research will refer more to the legal norms contained in legislation, court decisions, and common habits. Also thoroughly studies the issues by comparing law in books with the law in action. 2 Data analysis of normative legal research is carried out in a qualitative descriptive manner. While the legal material is collected, sorted and subsequently studied and analyzed for content, so that the level of synchronization, the feasibility of norms, and the submission of new normative ideas can be review.

B. DISCUSSION 1. General Review on Copyrights
Intellectual Property Right (IPR) 3 First appeared in Venice (Italy) in 1470 and only related to patents then adopted by the British empire in the 1500s and began to be adopted by many countries in the world and harmonized in 1883 with the birth of the Paris Convention for the patent, trademarks, and designs. 4 Substantially, the definition of Intellectual Property Rights can be described as a property right that arises or is born due to human intellectual abilities. 5 The object protected by law is the idea, not the material form of IPR incarnation. The reason is that IPR is an exclusive right that only exists and is attached to the owner or right holder. 6 IPR is intellectual property protected by law. Copyright is a concept adopted from the protection of international IPR, which means a right to copy/reuse. However, according to Tim Lindsey, the word copyright is mistakenly translated into Indonesian as Hak Cipta (right to create), and Hak Mengkopi/Hak Menyalin is a more appropriate term. The copyright gives the creator the rights to control and use his creation, which in essence serves to prevent other parties from copying their work without permission. 9 Internationally there are many definitions or terminology relating to 9 Tim Lindsey et al., ( This provides clarity that the recognition system of copyright in Indonesia is carried out with the first to use doctrine. legal products whose character reflects the fulfillment of the demands of both individuals and various social groups in the community to reflect a sense of justice in society. 11 The main problem concerning the enforcement of Copyright law is the issue of culture and paradigm. Regarding the issue of culture, in the traditional view, that creation is considered as shared property, and even if there is an acknowledgment of individual rights to creation, the form emphasizes the moral aspect of copyright rather than its economic value. 12

The reasons behind
The act or process of controlling by rule or restriction, or a rule or order is having legal force, issued by an administrative agency 13 . Then it defined that to as a law or process of control through rules or prohibitions or rules or orders that have legal powers issued by a governmental institution. In the sense that this law is a have an interest, in other words, those who have been charged with a crime have a role in determining whether the offender is prosecuted or not. Because prosecution is left to the will of victims, it is thus open to the possibility of an alternative settlement between those affected by the crimes as a resolution outside the interference of law enforcement 21 .
In reality, the alternative settlement for certain crimes is often felt to be better and more beneficial than the judicial system. The loss of settlement through legal means, among others, is not familial in nature so that it can stretch family relations, and from a legal standpoint the process of settlement is quite long, especially if it reaches the Supreme Court level which takes years so that demands for justice from those affected by crime may no longer be feel fulfilled because the matter itself has been forgotten. 22 Regarding complaints, the Criminal Code also does not provide a limit of meaning because perhaps in this case, the drafting of the Penal Code considers more precisely if the meaning of  Indonesia, 1987. complaint deemed necessary to be formulated explicitly, more precisely formulated in the Procedure of Penal Code , because the complaint is one of the legal efforts that is required for certain offenses in the context of the process of resolving a criminal case. P. A. F. Lamintang in one of his writings, gave a limit regarding complaints as follows: "What is meant by klacht or complaint is a report with a request to be prosecuted against a certain person or persons 23 The creation and the imitation of the original creation so that it can immediately report the occurrence of a violation of the exclusive rights of his creation. b. Secondly, in carrying out legal proceedings, law enforcers may not immediately know whether a party has obtained permission to reproduce a work. Therefore, there must be a complaint in advance from the creator or the copyright holder. c. Third, in practice, if copyright infringement occurs, the creators prefer compensation from the party who infringes the copyright rather than the imprisonment.
The legal connection between the creator and the suspect is mostly private to private (privaaatrechtelijk). So it is more appropriate to use passive systems, such as complaint offense. The normal offense for the 2002 Copyright Law means that law enforcement is not dependent on an agreement or complaint from a party who has been harmed by a criminal act but rather is handed over by the officials to determine whether and where the criminal threat is against Copyright violations are conducted using public interests 25 .
In practice, this is very detrimental to the creator. The copyright is an exclusive right, so ideally the violation should be implementing a complaint offense because the person who knows the existence of the violation is the creator himself. This is further clarified by the burden of proof, where investigators are perceived as having difficulties in proving the existence of criminal acts in the copyright field without reports from the owners. As already explained that copyright based on the declarative principle after work is manifested in a tangible form without reducing restrictions according to the provisions of the legislation. 26 Even though the complaint is indeed applied to the Copyright Law, it must be understood that not all criminal provisions in IPR must be regulated by complaint offense. Separation is needed to understand the essential factors to determine an offense in IPR.
The theory of retribution for criminal law is very primitive, but its influence is still felt important in modern times because the primitive element in criminal law is indeed a still more or 25

The Impact of Shifting Offense and The Influence of Complaint Offense on the Copyright Enforcement in Indonesia
Based on the analysis, the offense consists of two main elements, which are, the principal subjective element, namely the principle of penal law "geen straf zonder schuld (No crime without guilt)". The guilt intended here is intentional and negligent. Second, the main objective element, namely human action which is an act and omission. Acts are active actions or positive actions. While omission is an inactive action or adverse action. In other words, it is silence or letting go. 28 In the Law, it is said that no one can be punished unless a sentence has been determined based on the law. According to Moeljatno, the word "deed" in "criminal deeds" has an abstract which is an understanding that points to two actual events, namely the existence of certain events and the existence of people who act to cause an incident. 29 The 2014 Copyright law regulates the enforcement through criminal law and civil law in the use of copyrighted songs on the internet or downloading songs on the internet as stipulated in Article 113. 30 However, the proof will be difficult because using internet media is not easy. This digital media is complicated to prove for private or for commercial purposes.
The civil instruments can also be linked to the enforcement of copyright law under the 2014 Copyright Law. In civil law can be imposed based on acts against the law. The violation of the law is a violation of the individual rights of others. someone's copyright data is said to violate the economic rights of copyright holders who have exclusive rights to exploit economic rights contained in copyright. 31 The elements of against the law are carried out because they have violated the exclusive rights of the copyright holder and/or the owner. This compensation can be requested by the copyright owner. Compensation is the payment of a sum of money charged to the perpetrator of the violation of economic rights of the creator based on a court decision on civil or criminal cases that has permanent legal power for losses suffered by the creator or copyright holder. These are all contained in Article 1 (25) of the 2014 Copyright Law. Civil lawsuits based on illegal acts are intended to claim compensation.
Copyright owners file lawsuits to commercial courts or mediation and arbitration bodies of intellectual property rights under the provisions of article 95 (1) and (2) of The 2014 Copyright Law whereas Article 99 (1) states that the creator has a right to file a claim for compensation to the 31 A civil lawsuit is filed according to article 1365 of the Civil Code on acts against the law as Article 1365 states that any act that violates the law, which brings harm to another person, requires the person who caused the wrong to bring the loss, compensating for the loss. commercial court for copyright infringement or related rights products.
Changes of offenses not automatically protect the exclusive rights of the creator itself. However, the state has provided a clear forum and protection for the creator to be able to file a copyright infringement.
With the change in the offense being a complaint, then it is hoped that the judicial process will be more straightforward because the plaintiff is the creator.
The criminal enforcement in Article 120 is a complaint offense so that it can be done with the report from the aggrieved party. Enforcement of criminal law of copyright infringement is carried out by investigators of the Republic of Indonesia National Police and Civil Servants in the ministry in the field of IPR. In addition, changes to regulations regarding offenses complaints, more aspirational. Because in fact in the technological development, many creators who benefit from uploading their creation to the internet to be more widely known to the public. Current developments in technology and information, sometimes creators deliberately upload their works to the public to be freely accessed.
This means that the advances in technology and