In today’s era of technological
development, it requires a system to run a job quickly, effectively,
efficiently and accurately, this is necessary because it has direct
implications for the productivity of the work done. Technology is developing rapidly, through
creations, innovations, inventions of the technology itself. Developments
that occur in information technology are built through a
“foundation” in the form of infrastructure.
Information Technology has a basic element
in the word “technology”, which according to the Big Indonesian
Dictionary, Technology is a scientific method to achieve practical goals or
the overall means to provide goods needed for the survival and comfort of
human life.
In addition, information in the context of
technology is related to information in electronic form, which is explained
in Article 1 Number 1 of Law 11 of 2008 concerning Information and Electronic
Transactions as amended in Law Number 19 of 2016 (UU ITE), which reads:
“Article 1
1.
Electronic Information is one or a set of electronic data, including but not
limited to writing, sound, pictures, maps, designs, photographs, electronic
data interchange (EDI), electronic mail (electronic mail), telegram, telex,
telecopy or the like, processed
letters, signs, numbers, Access Codes, symbols, or perforations that have
meaning or can be understood by people who are able to understand them.”
So that in conclusion the definition of
Information Technology is the use of technology such as computers,
electronics, and telecommunications, to process and distribute information in
digital form, and when referring to Article 1 Number 3 of the ITE Law,
Information Technology is defined as:
“Information Technology is a technique for
collecting, preparing, storing, processing, publishing, analyzing, and/or
disseminating information. “
Apart from discussing Information
Technology, Infrastructure is also important, because anything can happen if
it is through development.
Infrastructure based on the Big Indonesian Dictionary is defined as
infrastructure, where the definition of infrastructure in the Big Indonesian
Dictionary is everything that is the main support for the implementation of a
process (business, development, project, and so on).
Thus, Information Technology Infrastructure
is an infrastructure or supporting thing as well as supporting the
implementation of an information technology development process itself. Information technology infrastructure is
defined broadly as a set of information technology (IT) components that form
the basis of IT services, usually physical components (computers and hardware
and network facilities), but also various software and network components.
In
computing, the information technology infrastructure consists of physical and
virtual resources that support the flow, storage, processing and analysis of
data. Information technology
infrastructure can be centralized in a data center (data center). An enterprise information technology
infrastructure typically refers to the components required for the existence,
operation, and management of the enterprise information technology
environment. The information
technology infrastructure consists of a set of physical devices and software
applications required to operate the entire enterprise. All hardware, software, networks,
facilities necessary to develop, test, deliver, monitor, control or support
information technology services.
The purpose of Information Technology
Infrastructure management is to achieve the effectiveness of the entire
information technology process, policies, data, human resources, equipment
and others. And another goal is to
operate Information Technology so that it can be accessed by everyone. Information Technology Infrastructure cannot
be separated from creations, innovations and inventions from new
technologies, where these things are closely related to the Intellectual
Property Rights owned by the creator of the technology.
Talking about Intellectual Property (IP) we
need to understand first about IP itself.
Intellectual Property or we can shorten it with IP is the result of
human thought to be able to produce findings, works, products, services, or
processes that are useful for society that can be protected by law. So it can be concluded that Intellectual
Property is the right to enjoy economically the result of an intellectual
creativity. Objects that are regulated
in intellectual property are works produced by human intellectual abilities.
The
main functions and objectives of the protection of Intellectual Property,
among others:
As
legal protection for creators who are owned by individuals or groups for
their efforts in making copyrighted works with the economic value contained
therein.
Anticipating and also preventing
infringement of other people’s Intellectual Property.
Increase competition, especially in terms of
the commercialization of intellectual property. Because with the recognition of
Intellectual Property, it will encourage creators to continue to work and
innovate, and can benefit economically.
It
can be used as a material for consideration in determining research and
industry strategies in Indonesia.
The following are the Intellectual Property
Rights contained in an Information Technology Infrastructure, namely:
1.
Copyright
Article 1 Number 1 and Number 3 of Law
Number 28 of 2014 concerning Copyright, explains the definition of Copyright
and Works which are objects protected by Copyright, which are:
” Article 1
(1)
Copyright is the exclusive right of the creator that arises automatically
based on declarative principles after a work is manifested in a tangible form
without reducing restrictions in accordance with the provisions of laws and
regulations.
(3)
Creation is any copyrighted work in the fields of science, art, and
literature which is produced on inspiration, ability, thought, imagination,
dexterity, skill, or expertise which is expressed in a tangible form.”
Thus, Copyright is granted to a work that is
produced and expressed in a tangible form based on inspiration, ability,
thought, imagination, dexterity, skill or expertise.
For example, information technology
infrastructure can work when using a computer, where a computer cannot be
separated from software (software) to apply the intent and purpose of using
the computer, the software itself is a set of commands written by a
programming language that is understood.
by the computer so that the software is able to instruct certain
commands to be carried out by the computer.
Examples of the software itself such as Windows, Microsoft, Antivirus,
Internet Explorer.
Creating software is not an easy job
because a lot of rules and intellectual abilities are required from a systems
analyst (system analyst) and programming.
Therefore, with the enactment of the Copyright Act, the work of a
systems analyst and programming can be protected.
One of the copyright violations against
information technology infrastructure can be in the form of using the
technology without the permission of the creator, piracy, procurement, or hacking
that often occurs in the daily application of information technology.
Article 8 jo. Article 9 jo. Article 113 of Law Number 28 of 2014
concerning Copyrights regulates the violation of the author’s economic rights
in relation to the infringed copyright, which reads:
“Article 8”
Economic rights are the exclusive rights of
the Author or Copyright Holder to obtain economic benefits from the Works.
Article 9
(1)
The Creator or Copyright Holder as referred to in Article 8 has economic
rights to:
a.
publication of Works;
b.
Reproduction of Works in all its forms;
c.
translation of Works;
d.
adapting, arranging, or transforming the Works;
e.
distribution of Works or copies thereof;
f.
performances of Creation;
g.
Announcement of Works;
h.
Creative Communications; and
i.
rental of Works.
(2)
Everyone exercising economic rights as referred to in paragraph (1) is
required to obtain permission from the Author or Copyright Holder. (3)
(3)
Any person without permission from the Author or Copyright Holder is
prohibited from Reproduction and/or Commercial Use of Works.
Article 113
1.
Any person who unlawfully violates the economic rights as referred to in
Article 9 paragraph (1) letter i for Commercial Use shall be sentenced to a
maximum imprisonment of 1 (one) year and/or a maximum fine of Rp. 100,000,000
(one hundred million rupiah).
2.
Any person who without rights and/or without permission of the Author or
Copyright holder violates the economic rights of the Author as referred to in
Article 9 paragraph (1) letter c, letter d, letter f, and/or letter h for
Commercial Use shall be sentenced to a
maximum imprisonment of 3 (three) years and/or a maximum fine of Rp.
500,000,000.00 (five hundred million rupiah).
3.
Any person who without rights and/or without permission of the Author or
Copyright holder violates the economic rights of the Author as referred to in
Article 9 paragraph (1) letter a, letter b, letter e, and/or letter g for
Commercial Use shall be sentenced to a
maximum imprisonment of 4 (four) years and/or a maximum fine of Rp.
1,000,000,000.00 (one billion rupiah).
4.
Any person who fulfills the elements as referred to in paragraph (3)
committed in the form of piracy, shall be sentenced to a maximum imprisonment
of 10 (ten) years and/or a maximum fine of Rp. 4,000,000,000.00 (four billion
rupiah).”
In addition to copyright infringement
related to economic rights, hacking is also one of the violations related to
accessing information technology without the permission of the creator or
owner, which is regulated in Article 30 jo.
Article 46 of the ITE Law, which reads:
“Article 30”
(1)
Any person intentionally and without rights or against the law Accessing Computers
and/or Electronic Systems belonging to other Persons in any way.
(2)
Any person intentionally and without rights or against the law accesses a
Computer and/or Electronic System with the aim of obtaining Electronic
Information and/or Electronic Documents.
(3)
Any person intentionally and without rights or against the law accessing a
Computer and/or Electronic System in any way violates, breaks through,
exceeds or breaks the security system.
Article 46
(1)
Everyone who fulfills the elements as referred to in Article 30 paragraph (1)
shall be sentenced to a maximum imprisonment of 6 (six) years and/or a
maximum fine of Rp. 600,000,000.00 (six hundred million rupiah).
(2)
Everyone who fulfills the elements as referred to in Article 30 paragraph (2)
shall be sentenced to a maximum imprisonment of 7 (seven) years and/or a
maximum fine of Rp. 700,000,000.00 (seven hundred million rupiah).
(3) Everyone who fulfills the elements as
referred to in Article 30 paragraph (3) shall be sentenced to a maximum
imprisonment of 8 (eight) years and/or a maximum fine of Rp. 800,000,000.00
(eight hundred million rupiahs).”
2. Patents
In
addition to Copyright, Patent Rights are also one of the Intellectual
Property Rights that must be protected in Information Technology
Infrastructure, especially Patents are closely related to an invention of a
technology, where the definition of Patent according to Article 1 Number 1 of
Law Number 13 of 2016 concerning Patents (
Patent Law), which reads:
“Patent is an exclusive right granted by
the state to an inventor for his invention in the field of technology for a
certain period of time to carry out the invention himself or to give approval
to other people to implement it.”
Like Copyright, there are economic benefits
granted to the patent holder, and there are actions that are prohibited
against other than the patent holder such as making profits for themselves
without the permission of the patent holder, which in full is explained in
Article 160 of the Patent Law along with the sanctions imposed. regulated in Article 161 and Article 162 of
the Patent Law, which reads as follows:
“Article 160”
Any
person without the approval of the patent holder is prohibited:
a. in
the case of a product-Patent: making, using, selling, importing, renting,
delivering, or providing for sale or rental or delivery of the patented
product; and/or
b. in
the case of Process-Patent: using a production process that is granted a
Patent to manufacture goods or other actions as referred to in letter a.
Article 161
Any
person who intentionally and without rights commits an act as referred to in
Article 160 for a Patent, shall be sentenced to a maximum imprisonment of 4
(four) years and/or a maximum fine of Rp. 1,000,000,000.00 (one billion
rupiah).
Article 162
Any
person who intentionally and without rights commits the act as referred to in
Article 160 for a simple Patent, shall be sentenced to a maximum imprisonment
of 2 (two) years and/or a maximum fine of Rp. 500,000,000.00 (five hundred
million rupiah).”
3. Integrated Circuit Layout Design (DTLST)
There are 2 things that are incorporated in
DTLST, namely Layout Design and Integrated Circuit, this is explained through
Article 1 Number 1 and Article 1 Number 3 of Law Number 32 of 2000 concerning
Layout Design of Integrated Circuits (UU DTLST), which reads:
” Article 1
1.
Integrated Circuit is a product in finished or semi-finished form, in which
there are various elements and at least one of these elements is an active
element, which are partially or wholly interconnected and formed in an
integrated manner in a semiconductor material intended to generate electronic functions.
2.
Layout Design is a creation in the form of a three-dimensional laying design
of various elements, at least one of these elements is an active element, as
well as part or all of the interconnections in an Integrated Circuit and the
three-dimensional placement is intended to prepare for the manufacture of an
Integrated Circuit.”
So it can be concluded that the Integrated
Circuit Layout Design is a creation in the form of a three-dimensional laying
design of various elements, at least one of these elements is an active element,
as well as some or all of the interconnections in an integrated circuit and
the three-dimensional placement is intended to prepare the circuit. integrated.
Furthermore, regarding the Right to Layout
Design for Integrated Circuits, the definition of which is explained in
Article 1 Point 6 of the DTLST Law, which reads:
“The Right to Layout Design of an
Integrated Circuit is an exclusive right granted by the Republic of Indonesia
to the designer of his creation, to carry out his own creation for a certain
period of time, or to give his approval to another party to exercise that
right.”
In contrast to the discussion on Copyright
which relates to Software, DTLST is closely related to the hardware
components needed in information technology infrastructure, such as the main
board or motherboard that functions as a center for connecting devices to
other devices, or as an integral part of the device system. available hardware, where if the
motherboard designer wants to apply for the protection of his work, a DTLST
rights application can be submitted.
There are two exclusive rights owned by the
holder of layout design rights and integrated circuits, namely:
•
The right to implement the own design;
•
The right to prohibit other parties without their consent from making, using,
importing, exporting, and distributing goods related to this matter.
Infringement of DTLST Rights basically has
the same criteria as other Intellectual Property Rights, namely related to
licensing to the DTLST designer, this is regulated in Article 8 paragraph (1)
jo. Article 42 paragraph (1) of the
DTLST Law, which reads:
“Article 8”
(1)
The right holder has the exclusive right to exercise his Right to Layout
Design of an Integrated Circuit and to prohibit other people without his
consent from making, using, selling, importing, exporting and/or distributing
goods in which all or part of the Design has been granted the Right to Layout Design of
Integrated Circuit.
Article 42
(1)
Anyone who intentionally and without rights commits any of the acts as
referred to in Article 8 shall be sentenced to a maximum imprisonment of 3
(three) years and/or a maximum fine of Rp. 300,000,000.00 (three hundred
million rupiahs).”
Thus, it can be seen that the protection of
Intellectual Property Rights in Information Technology Infrastructure is
guaranteed both through the ITE Law and the Law governing each Intellectual
Property Rights. This is enforced
because the Government knows the importance of Intellectual Property Rights,
especially in the field of Information Technology Infrastructure and
Information Technology itself.
The
importance of respecting the creativity of others, in this case respecting
the intellectual property owned by someone on the information technology
infrastructure, can be realized by:
•
Using the original software or by purchasing a license number.
• Do
not duplicate, hijack or copy without the permission of the company or owner
• Do
not use for criminal acts or crimes
• Do
not modify (change), reduce or add to the work without the permission of the
company or owner.
Moreover, the presence of information
technology which continues to grow rapidly through infrastructure development
from information technology itself has the aim of solving problems, opening
up creativity, increasing effectiveness and efficiency in doing work.
Thus, Intellectual Property Aspects related
to Information Technology Infrastructure must be protected through legal
protection, and there is the application of sanctions, both imprisonment,
criminal fines for violating Intellectual Property Rights is one of the acts
that fall into the category of crime.
|