Constitutional Court (MK) denied petition of judicial review on Act 19/2002 Copyrights Act pleaded by Bernard Samuel Sumarauw. The verdict was recited at MK Plenary Room, Wednesday (12/3)/  

In the consideration, Panel of Justice did not find clear argumentation about unconstitutional provision in Act 19/2002 as filed by the Applicant.  

Aside from it, according to Justice Patrialis Akbar, the petition is inevitably revoked by the ruling of Act 28/2014. According to the Court, the pleaded object has been replaced and thus, the object of the petition is mislaid.   

Act 19/2002 about Copyright is challenged through Judicial Review to the Court. The application was filed by Bernard Samuel Sumaraw. In its points, The Applicant argued that his Constitutional rights were harmed by the ruling of Article 18 verse (1) Act of Copyrights.

Article 18 verse (1) Act of Copyrights states:

Announcement of a product conducted by Government through mass media or other facilities may be done without any permission from the Copyrights holder, as long as no harm applied to the Copyrights holder, and the Copyright holder will be given proper honorarium.

 According to the Plaintiff, The Article is ambiguous. The phrase of “for national interest” is unclear and sparks an impression that State allows illegal activity of doing so.

Article 18 verse (1) of the Article, in which says “…through mass media or other facilities without any permission from the Copyrights holder” is seen to hurt Plaintiff’s Constitutional Rights. The phrase is considered discriminative and conveys Government’s arbitrary. The Applicant on July, 1991, June, 1992, and August, 1993 offered a bid of social consumption to the Minister of Labor, Minister of Finance, Minister of Social and Jakarta Governor. Later, by July, 1993, letter of appealing was released, in which said there was legal dispute of Copyrights issue between Jamsostek Program to Priscard program, it was prompted by a release published on the next day in several capital papers. (panji erawan/kun)