“A Juridical Analysis of Copyright Protection in the Commercial Use of Works Without License: A Case Study of Court Decision No. 4 Pdt.Sus-HKI/Cipta/2025/PN Niaga Jkt. Pst”

Abstract

The growth of Indonesia’s creative industry has intensified the use of copyrighted works in business, but not always with proper licensing, leading to frequent infringements, including the use of artworks as promotional media. This study analyzes copyright protection for the commercial use of a work without licence under Law Number 28 of 2014 on Copyright and examines the legal reasoning of the Panel of Judges in Decision Number 4/Pdt.Sus-HKI/Cipta/2025/PN Niaga Jakarta Pusat concerning the use of the “Tugu Selamat Datang” image on PT Fast Food Indonesia Tbk (KFC) product packaging without permission from the creator’s heirs. Using a normative legal method with statute, case, and conceptual approaches, this research relies on secondary data from legislation, court decisions, literature, and legal doctrine, analyzed qualitatively. The findings show that any commercial exploitation of a copyrighted work without licence constitutes a violation of the creator’s or right holder’s exclusive economic rights and may give rise to preventive and repressive legal measures through civil claims and criminal sanctions. The decision confirms that the redesigned “Tugu Selamat Datang” image on KFC buckets still infringes copyright and constitutes a tort because it exploits the substance of the work for economic gain, thereby imposing liability and compensation. It also underscores the importance of business compliance with copyright licensing and provides a reference for future enforcement regarding commercial use of copyrighted works.