JUSTICE ACCORDING TO HANS KELSEN AND THE FIFTH PRECEPT OF PANCASILA TO THE CHANGES THAT HAVE OCCURRED IN THE LICENSING SYSTEM IN INDONESIA ACCORDING TO OUR COPYRIGHT LAW FROM TIME TO TIME

Abstract

Intellectual works that exist are not born by chance, they are born through a long process, journey, sacrifice, and struggle in the form of time, energy, cost, or other immaterial sacrifices. Talking about intellectual copyrighted works, the creators of these works, if they wish, can give written permission to other parties in order for them to exercise economic rights over their ideas or products that are relevant to that condition, this is called a license. This issue has been regulated since the first time Indonesia had a law that discussed copyright, namely Auteurswet 1912 which was adopted from the Dutch rule when they colonized Indonesia. Then the licensing regulations are getting more and more developed after Indonesia updated their Copyright Law five times, namely through Copyright Law No. 6 of 1982, Copyright Law No. 7 of 1987, Copyright Law No. 12 of 1997, Copyright Law Number 19 of 2002, and Copyright Law Number 28 of 2014. Through the 6 licensing regulations contained in the copyright law from time to time, the author is interested in discussing Hans Kelsen's theory of justice in this license issue, whether the existing regulations provide justice to the parties involved or not. And also the author is interested in linking justice in licensing with the ideology of the Indonesian state, namely Pancasila, whether the existing regulations provide justice to the parties involved in it according to the sound of the Pancasila precepts or not.