Eddie Bachtiar Siagian, Mulyono, Hulman Panjaitan

Legal Reform of Copyright in the Digital Economy Era within the Paradigm of Pancasila Justice

Introduction

Legal reform of copyright in the digital economy era within the paradigm of pancasila justice. Urgent legal reform of copyright in Indonesia's digital economy, integrating Pancasila justice principles. Counters economic dominance for fair, ethical digital regulations.

Abstract

Copyright law reform in the digital economy era is an urgent need to maintain the consistency of Indonesia's state ideology, particularly in the face of globalization and the dominance of purely economic interests. The main problem in this study is the lack of alignment between business actors and government institutions regarding copyright, as well as the weak implementation of Pancasila values in copyright regulations. This study aims to analyze how the principles of social justice of Pancasila can be applied in copyright law reform amidst the development of the digital economy. The method used is a juridical-normative approach with a qualitative analysis of laws and regulations, related policies, and expert views through literature studies. The results of the study indicate that the dominant economic orientation in copyright regulation tends to ignore the values of humanity and social justice. Furthermore, the lack of synergy between the government and business actors leads to weak legal effectiveness. Therefore, it is necessary to reformulate policies that support Pancasila values, as well as strengthen human resource capacity so that copyright law can become a fair and ethical instrument in the digital era.

Review

This paper tackles a highly pertinent and complex issue concerning copyright law reform in the digital economy era, particularly within the unique socio-legal context of Indonesia. The authors compellingly argue for the urgent need to realign copyright legislation with the foundational principles of Pancasila justice, facing the challenges posed by globalization and predominantly economic-driven interests. The study pinpoints critical systemic weaknesses, specifically the observed lack of consistent alignment between business actors and government institutions, coupled with an insufficient integration of Pancasila values into existing copyright regulations. This framing establishes a clear and significant problem that warrants scholarly attention and offers a distinctly Indonesian perspective on a global phenomenon. Employing a juridical-normative approach, complemented by qualitative analysis of legal instruments, policies, and expert perspectives derived from literature studies, the research seeks to dissect how Pancasila's social justice principles can be practically embedded in copyright law reform. The preliminary findings, as summarized, reveal a concerning trend where the prevailing economic orientation in current copyright regulation tends to overshadow fundamental values of humanity and social justice. Furthermore, the study identifies a crucial lack of synergy between governmental bodies and business stakeholders, which directly contributes to the overall ineffectiveness of the existing legal framework. These findings provide a robust basis for the advocated reform, highlighting specific areas where current policy falls short of national ideological aspirations. The paper's contribution lies in its thoughtful integration of a specific ideological framework – Pancasila justice – into the technical domain of digital copyright law, offering a valuable theoretical and practical lens. The proposed solutions, which advocate for the reformulation of policies that actively champion Pancasila values and a strengthening of human resource capacity, are directly responsive to the identified shortcomings. This approach aims to transform copyright law into a more equitable and ethical instrument within the dynamic digital era. The study thus provides valuable insights for policymakers and legal scholars interested in developing socially responsible and culturally resonant legal frameworks for the digital economy.

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