Communal Indonesian Culture

Oct 13, 2025 by windailys.com 45 views

Legal Protection of Architectural Work: A Study on Copyright Act in Medan City

As humans, we have always been surrounded by the environment formed by architectural works. However, in the context of architectural development in Indonesia, we often find disappointing architectural works, especially those that are the result of plagiarism or imitation of modern buildings in Western countries. This phenomenon threatens the existence and authenticity of architecture as a work of Indonesian cultural arts. The practice of re-drawing architectural works directly by changing the name of the creator into commonplace is a common occurrence. In an increasingly advanced era of development, legal protection of architectural works becomes crucial to prevent violations of the law and protect the rights of architects.

Understanding the Legal Protection of Architectural Works in Medan City

This study aims to examine the legal protection of architectural works based on Law Number 19 of 2002 concerning Copyright in Medan City. The study uses a descriptive method of analysis with an empirical juridical approach, so that the data obtained is analyzed qualitatively and quantitatively through inductive-deductive methods. The results showed that the Copyright Act had not yet fully provided adequate protection against architectural works. Criteria considered as a violation of architectural works have not been clearly formulated in the law. This causes difficulties in processing the Copyright Violations of Architecture.

Factors Affecting Copyright Violations of Architecture Work

Several factors that cause the high number of violations to the copyright of architectural works in the city of Medan include:

Moral Factor

Lack of awareness and understanding of the importance of respecting the work of others, as well as the lack of professional ethics in the field of architecture, are significant factors contributing to copyright violations. The absence of a strong moral foundation among architects and designers leads to a culture of plagiarism and imitation.

Communal Indonesian Culture

The strong mutual cooperation culture in Indonesia is sometimes misinterpreted by ignoring copyright. The emphasis on community and social harmony can lead to a lack of emphasis on individual rights and intellectual property.

Legislation Material that is not Sufficient

Provisions in the Copyright Act related to the protection of architectural works are still considered less specific and not strong enough to ensnare the perpetrators of violations. The law needs to be refined to provide more optimal protection to architects.

Difficulty in Proving

Difficult to prove that an architectural work is the result of plagiarism, especially if the perpetrators make significant modifications to the original design. The lack of clear evidence and the complexity of the design process make it challenging to establish copyright infringement.

Strategy to Overcome Copyright Violations of Architecture Work

To overcome this problem, strategic efforts are needed, such as:

Increasing the Role of the Indonesian Architect Association (IAI)

IAI as an architect professional association in Indonesia plays an important role in giving awards to architects who create quality architectural works. In addition, IAI must also play an active role in cracking down on perpetrators of Copyright Violations of Architecture by providing strict sanctions.

Socialization of Copyright Law

It is essential to increase public awareness about the importance of protecting the copyright of architectural works through intensive socialization. The community needs to be given an understanding of the legal provisions governing the copyright of architectural works, as well as sanctions that will be imposed on violators.

The Importance of Copyright Law Protection of Architecture Work

Legal protection of the copyright of architectural works is very important to ensure legal certainty for architects. With legal certainty, architects will be motivated to continue to work and create quality architectural works. Legal Protection of Copyright Work of Architecture will also prevent the practice of plagiarism and help preserve architecture as part of Indonesian cultural heritage.

Conclusion

Legal protection of architectural works in Indonesia still has many shortcomings. Copyright laws need to continue to be refined to provide more optimal protection to architects. In addition, the role of IAI and intensive socialization is needed to increase public awareness about the importance of respecting architectural works and protecting the copyright of architectural works in Indonesia.

Recommendations

Based on the findings of this study, the following recommendations are made:

Refine the Copyright Act: The law needs to be refined to provide more optimal protection to architects.
Increase Public Awareness: Intensive socialization is needed to increase public awareness about the importance of respecting architectural works and protecting the copyright of architectural works in Indonesia.
Strengthen the Role of IAI: IAI must play an active role in cracking down on perpetrators of Copyright Violations of Architecture by providing strict sanctions.
Provide Clear Evidence: Clear evidence needs to be provided to establish copyright infringement.
Promote Professional Ethics: Professional ethics in the field of architecture needs to be promoted to prevent plagiarism and imitation.

By implementing these recommendations, the legal protection of architectural works in Indonesia can be improved, and the rights of architects can be protected.
Frequently Asked Questions (FAQs) on Legal Protection of Architectural Work in Medan City

As the importance of legal protection of architectural works continues to grow, many individuals and organizations have questions about the process and its implications. Below are some frequently asked questions (FAQs) on legal protection of architectural work in Medan City.

Q: What is the purpose of the Copyright Act in protecting architectural works?

A: The Copyright Act is a law that protects the intellectual property rights of creators, including architects. Its purpose is to prevent unauthorized use, reproduction, or distribution of architectural works, and to provide a framework for creators to benefit from their work.

Q: What types of architectural works are protected by the Copyright Act?

A: The Copyright Act protects a wide range of architectural works, including building designs, plans, and specifications. This includes both physical and digital creations, such as blueprints, models, and computer-aided designs (CAD).

Q: How do I register my architectural work for copyright protection?

A: To register your architectural work for copyright protection, you will need to submit an application to the Indonesian Intellectual Property Office (KOA). You will need to provide documentation, including a description of the work, its creation date, and proof of ownership.

Q: What are the consequences of copyright infringement in architectural works?

A: Copyright infringement in architectural works can result in significant financial losses, damage to reputation, and even legal action. In Indonesia, copyright infringement can result in fines and imprisonment.

Q: Can I use someone else's architectural work without permission?

A: No, you cannot use someone else's architectural work without permission. Using someone else's work without permission is a form of copyright infringement, which is a serious offense.

Q: How do I prove that an architectural work is a copy of someone else's work?

A: To prove that an architectural work is a copy of someone else's work, you will need to provide evidence, such as documentation, witness statements, and expert testimony. You may also need to conduct a thorough investigation to gather evidence.

Q: Can I modify someone else's architectural work and still claim copyright protection?

A: No, modifying someone else's architectural work does not automatically grant you copyright protection. You will still need to obtain permission from the original creator or prove that your modifications are original and not a copy of someone else's work.

Q: What is the role of the Indonesian Architect Association (IAI) in protecting architectural works?

A: The IAI plays an important role in promoting and protecting the rights of architects in Indonesia. The IAI can provide guidance, support, and advocacy for architects who are facing copyright infringement or other issues related to their work.

Q: How can I prevent copyright infringement in my architectural work?

A: To prevent copyright infringement in your architectural work, you should:

Register your work for copyright protection
Use a non-disclosure agreement (NDA) when sharing your work with others
Keep your work confidential and secure
Monitor your work for unauthorized use or reproduction
Take action promptly if you suspect copyright infringement

By understanding the legal protection of architectural works in Medan City, you can take steps to protect your intellectual property and prevent copyright infringement.