PT GoTo Gojek Tokopedia Tbk was again submitted to the Central Jakarta District Court (Jakpus District Court) for copyright infringement. This time, Nadiem Makarim’s name was also dragged. Previously, in November 2021, GoTo was also involved in a brand rights dispute shortly after the merger. The plagiarism lawsuit for the rights to the brand name was filed by PT Terbit Financial Technology. However, after the lawsuit was processed legally, the request was finally officially rejected by the Commercial Court. This time, GoTo was filed a lawsuit for copyright infringement filed by the boss of online motorcycle taxi owner Bintaro, Hasan Azhari with case number 96/Pdt.Sus-HakCipta/2022/PN.Niaga.Jkt.Pst on September 29, 2022. In his lawsuit, Hasan asked the panel of judges of the Central Jakarta District Court to declare himself as the creator and legal copyright holder since 2008 for five types of creations, all of which were announced on December 1, 2008. The first type of creation is a paper entitled “Operational Standards for Booking Online Ojek (Ojol) in 2008 Using Via Telephone, SMS, Website and Internet-Based Media”, application number EC00202107723 dated January 21, 2021, and record number 000234632. Furthermore, the second type of creation is a written work entitled “The First Ojol to Implement Safety Riding for Bintaro, Rempoa, Sudirman, Thamrin Routes, Jakarta and Surrounding Areas”, application number EC00202107724 dated January 21, 2021, and recording number 000234276. Then, the third type of creation is a written work entitled “Business Methods and the Founding of the First Online Ojek in Indonesia Using Internet-Based Media Since 2008”, application number EC00202130913 dated June 30, 2021. The fourth type of creation is a computer program entitled “The First Bintaro Online Ojek Serving Bintaro, Rempoa, Sudirman, Thamrin Routes, Jakarta and Surrounding Areas”, application number EC00202016758 dated June 3, 2020, and registration number 000200452. Meanwhile, the fifth type of creation is a computer program entitled “Business Methods and the Forerunner of the Establishment of the First Online Ojek in Indonesia Using Internet-Based Media Since 2008”, application number EC00202130902 dated June 30, 2021, and recording number 000257673. Not only that, Hasan also asked the judge to declare GoTo and Nadiem Makarim to have violated the Copyright / Exclusive Rights of the plaintiff as the creator of the type of work of authorship and computer programs whose substance is about how to order online motorcycle taxis or orders (on demand services). Where the type of work is entitled “Business Methods and the Forerunner of the Establishment of the First Online Ojek in Indonesia Using Internet-Based Media Since 2008”, application number EC00202130913 dated June 30, 2021. Furthermore, the type of computer program creation is entitled “Business Methods and the Forerunner of the Establishment of the First Online Ojek in Indonesia Using Internet-Based Media Since 2008”, application number EC00202130902 dated June 30, 2021, and recording number 000257673. Unmitigated, for this violation, GoTo and Nadiem were sued to pay compensation for copyright infringement up to IDR 41.9 trillion. The details of the loss include the plaintiff’s loss of income from economic benefits for 10 years in the form of money amounting to IDR 10.8 billion and IDR 41.9 trillion.
Responding to this issue, GoTo management said that the lawsuit from Hasan Azhari had the same subject matter as the previous civil lawsuit. In the last trial on August 4, 2022, the panel of judges decided to accept the argument of error in persona from GoTo and the other defendant, Nadiem Makarim. Thus, the lawsuit from the plaintiff, Hasan Azhari, was declared unacceptable. The plaintiff also did not carry out legal efforts to dispute the decision, so the panel of judges’ decision was declared legally binding and the case was considered over. Learning from the GoTo case, it is important for entrepreneurs and those who are starting a business to register their copyrights with the Directorate General of Intellectual Property (DJKI) of the Ministry of Law and Human Rights.
Advantages of Registering a Copyright
Some of the benefits or rights that you can get from registering your copyright with the DGKI are:
- Exclusive Rights Exclusive Rights relate to the granting of legal protection to works that have been created. For example, the creator of the work is given the right to regulate the distribution mechanism and ownership of his/her work. Thus, anyone who uses, reproduces, copies, and sells the work must ask and get permission from the creator.
- Moral Rights The next advantage of registering a copyright is to get moral rights. This right relates to respect for the work that has been made by the creator. This appreciation is in the form of moral support and protection of the creator’s ideas for his creation.
- Economic Rights Another advantage that can be gained from registering a copyright is economic rights. Economic rights relate to the appreciation and protection of works in the form of stamps. Thus, the owner of the work is entitled to royalties from anyone who uses his work.
In addition to the three advantages above, registering copyright with the DJKI is also useful for strengthening evidence of ownership in the event of a dispute such as cases related to copyrighted written works and computer programs between GoTo and the owner of the Bintaro online motorcycle taxi, Hasan Azhari.
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