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TINJAUAN HUKUM PIDANA TERHADAP PRAKTIK SOFTWARE PIRACY DI KALANGAN MAHASISWA HUKUM
This study is motivated by the widespread practice of software piracy among law students, which tends to be normalized despite being contrary to copyright law provisions. The problems examined in this study are threefold: how the practice of software piracy among law students is assessed from a criminal law perspective; why the practice persists when linked to Article 113 and Article 120 of Law Number 28 of 2014 concerning Copyright; and what proportional legal protection strategies can be formulated to address it within higher education institutions. This study aims to analyze the practice of software piracy from a criminal law perspective, identify the factors that cause it to persist, and formulate proportional legal protection strategies in higher education institutions. This research uses an empirical juridical method with statutory, conceptual, and sociological approaches. Data were collected through literature study, questionnaires distributed to 100 law student respondents, and in-depth interviews with 10 selected informants. The data were then analyzed qualitatively using Lawrence M. Friedman’s legal system theory and Philipus M. Hadjon’s legal protection theory. The findings show that the dominant forms of software piracy among law students include downloading software from unofficial websites, using cracks or keygens, installation by friends or third parties, sharing installers, and paid installation services. From the perspective of criminal law, computer programs are protected works under copyright law, but the application of criminal sanctions in practice is closely related to the element of commercial use and the nature of copyright offenses as complaint-based offenses under Article 120. As a result, law enforcement generally proceeds only after a complaint is filed by the copyright holder. The persistence of this practice is caused by students’ economic limitations, high academic needs, easy digital access, and a permissive legal culture. Therefore, efforts to overcome software piracy should be carried out through a combination of preventive legal protection in the form of intellectual property law literacy, the provision of legal access or realistic alternatives, and internal campus policies, as well as repressive legal protection by positioning criminal law as an ultimum remedium prioritized for distributors and commercially oriented offenders.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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