PERLINDUNGAN HUKUM ATAS HAK CIPTA LAGU ATAU MUSIK ASING TERHADAP PLAGIARISME DI INDONESIA

The purposes of this research are to identify and to analyze criteria or measure in the viewpoint of law and the viewpoint of music science in determining the elements of plagiarism in copyright musical work and to identify and to analyze about law enforcement and resolution of cases of plagiarism to foreign songs or music copyright in Indonesia. This research is a normative law research and empirical law research. The alaysis of this research use the qualitative method. Data was collected through library research and field research by interviewing the informant. The conclusion of this research has shown that the elements of plagiarism from law perspective essentially have similarity with science of music perspective. The elements of plagiarism from law perspective are more detail and clear. The elements of plagiarism from law perspective are: adopt or modify half or whole of other people work, admit the work as his work, didn�t publish the real author of the work, without permission from the copyright holder, and was done by deliberately. Meanwhile, science of music perspective said that permission from the real author is needed but not a must if provided by publishing the real sources. Copyright protection of foreign song or music in Indonesia is basically same with copyright protection of Indonesian song or music. In fact, it is required report from the injured party to get law protection though UUHC 2002 embraces regular offense. It is difficult to do for foreign song or music because the injured party was not aware of any plagiarism of his song or music work and the injured party is at the outside of Indonesia. Until now, there are omissions of plagiarism of foreign song or music. Other than that, plagiarism usually ended by with peace, not enough experts from law enforcement, and it is difficult to call the real author of foreign song or music