Appropriate Mediation Mechanism in the Resolution of Copyright Infringements to Achieve Restorative Justice

Abstract

Copyright creates economic benefits for creators and/or copyrights holders. The digital era provides opportunities for creations to become more famous through available platforms, which then open up monetization opportunities. However, it also leads to a vulnerability to violations, such as the uploading of movies or songs without the permission of the creator and/or copyright holder, which can be enjoyed by anyone without royalties. The draft of Indonesian Criminal Procedure Code, which is planned to be enforced soon, essentially prioritizes the resolution of criminal acts through the application of restorative justice. Indonesian Copyright Law places criminal punishment for copyright infringement that does not constitute piracy as a final attempt (ultimum remedium) by requiring mediation before criminal prosecution if the parties are known to exist and/or are located in Indonesia. Unfortunately, mediation does not cover during ongoing criminal prosecution processes, so that restorative justice, especially compensation for losses incurred by creators and/or copyright holders, is difficult to achieve. This article uses a descriptive-analytical normative legal approach supported by secondary data that collected through literature studies, aiming to find the appropriate mediation mechanism to achieve restorative justice, even if a copyright infringement has entered the prosecution stage. This article concludes that mediation as regulated in Indonesian Copyright Law still finds it difficult to achieve restorative justice. Therefore, it is necessary to formulate legislation on appropriate mediation mechanisms for resolving copyright infringements, both before criminal prosecution are filed and during the prosecution process, so that true restorative justice can be achieved.