Analysis Violation Right Creation By Mall Grand Indonesia Which Use Sketch Welcome Monument as Mall Logo Based on Article 1Constitution No. 28 Year 2014 About Right Creation

Abstract

1. Grand Indonesia is involved in a case of copyright infringement against the copyright of the Welcome Monument sketch owned by the late Joel Hendrik Hermanu's Nganti. Where in 2004, Grand Indonesia Mall used a logo of a pair of men and women similar to the Welcome Monument, this has violated the rights of the copyright holder so that the copyright holder sued this case with a lawsuit for damages, because the Copyright holder felt aggrieved in material losses. The purpose of this study is to find out the legal regulations regarding copyright in Indonesia, also to find out the legal responsibility for the copyright regulation of the Welcome Monument sketch in Jakarta, and to find out the settlement of disputes from the case of violation of economic rights over the creation of the Welcome Monument sketch in Jakarta. This study uses a qualitative research type with normative legal research, using a statute approach and a case approach using a library study (Library Research). The results of the study show that the settlement of the dispute over the violation of economic rights over the creation of the Welcome Monument sketch in Central Jakarta was taken through the courts, where based on the consideration of the panel of judges, the late Henk Nhang was proven to have created a work of art in the form of a Welcome Monument Sketch in 1962 and at the end of PT. Grand Indonesia was found guilty and had to pay material losses of Rp. 1,000,000,000.- (one billion rupiah) which was paid in full and at once after the verdict in this case had permanent legal force.