p–ISSN: 2723 - 6609 e-ISSN: 2745-5254
Vol.5, No.12, Desember 2024 http://jist.publikasiindonesia.id/

Indonesian Journal of Social Technology, Vol. 5, No. 12, Desember 2024 5761

The Importance of Authentic Copyright Documentation for
Web-Based Computer Programs (Web-Log Design for Online

Ojek Pioneer) as Legal Proof of Ownership

Khalisha Adela Morris1*, R. Rahaditya2
Universitas Tarumanagara, Indonesia

Email: [email protected]*, [email protected]

*Correspondence
ABSTRACT
Keywords: copyright;
computer program; web
application; web-log
design; online ojek
pioneer.

Weblog design is a work of web-based computer programs
that can be protected in terms of coding and display. In the
competition of businesses to market their products/services,
weblogs are a powerful mainstay to win the competition.
With the sophistication of Web 3.0 technology, it can make
a website a dynamic and attractive digital platform.
However, in some cases of copyright infringement, the
existence of web applications is still underestimated and
even considered only an unprotected concept. The purpose
of this study is to analyze illegal acts for alleged copyright
infringement of the Online Ojek Pioneer weblog. The
research methods used are normative-prescriptive with a
legal, case, and conceptual approach. Data processing from
primary, secondary, and tertiary legal sources through
literature studies. The analysis was carried out with
deductive syllogism. From the results of the study, it can be
explained that weblogs are one of the digital works that
should be protected. It fulfills the elements of fixed, form,
and originality, where the invisible side of the source code
is a work of literate work while the appearance is the
artwork. Documentation of the authenticity of each work is
important to be prepared early because it will be strong
evidence when stumbling upon copyright disputes.
Suggestions to the DJKI to develop systematic General Data
on Creations as a reference for creators to anticipate no
copyright infringement and for judges to explore legal
findings related to the diversity of computer programs to
more accurately determine decisions related to the copyright
of web-based computer programs.

Introduction

Human civilization has entered the era of the Industrial Revolution 4.0 which is
built on the foundation of the digital revolution characterized by communication
technology (internet, mobile) and information technology (various computer

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programs/applications that run on the internet network). The existence of information and
communication technology (ICT) developments has changed human behavior patterns in
doing business in almost all industrial sectors, including in the transportation industry.
But unfortunately, the speed of ICT development is not always followed by adequate
legal rules.

The creation of various computer programs in supporting business raises various
kinds of legal problems related to unlawful acts against the work, in the form of
infringement of exclusive rights owned by the creator by Article 4 of Law Number 28 of
20l4 concerning Copyright (UUHC), namely moral rights and economic rights to the use
of copyright without the permission of the creator. Copyright works in the fields of
science, art, and literature, including computer programs, are objects of Copyright based
on Article 40 paragraph (1) letter s.

The application of digital solutions in the transportation sector, namely motorcycle
taxis (ojek) as public transportation which is quite in demand in breaking through
congestion, has stolen the public's attention, although the presence of motorcycle taxis as
public transportation legally is still a dilemma to this day. The motorcycle taxi business
model, which started conventionally where consumers visit motorcycle taxi bases, has
changed in line with the existence of internet-based, cellular, and mobile phone-based
digital solutions. Consumers are more facilitated and practical when they need motorcycle
taxi services by using these online solutions.

The implementation of this digital business model for motorcycle taxis in Jakarta
was pioneered by Arman Chasan an online motorcycle taxi service business actor in 2008.
Arman Chasan's copyright in the form of computer programs and written works has been
declared for the first time (first to announce) for online motorcycle taxi bookings through
weblogs and call center systems since December 1, 2008, and has been operating (first to
use) by subsequently managing up to 20 driver partners, where applying a fee of 10% of
partner receipts. The manifestation (fixation) of the work is real in the form of weblogs
and written content that attracts the attention of journalists because of its peculiarity so
that it is covered by national and international media, including Trans TV, SCTV,
MetroTV, Media Indonesia, Bloomberg, and NHK Japan. The process is by Article 1
number 1 of the UUHC where Copyright is an exclusive right that arises automatically
based on the declarative principle after a work is realized in a tangible form without
reducing restrictions. In addition, the results of the weblog and written works have been
recorded (first to file) in the database of the Director General of Intellectual Property
(DJKI) by the recording procedures in Article 66 - Article 73 of the UUHC.

However, in 2011 it was suspected that there had been an unlawful act for copyright
infringement that contained elements of error because the Gojek startup in 2010
deliberately without permission modeled something similar to Arman Chasan's copyright,
namely weblogs and call center systems to be commercialized. This evidence was
obtained from legal facts in the form of news publications in the Media Indonesia
newspaper dated October 28, 2011, clearly quoted that Nadiem Makarim Co-Founder of
Gojek at that time said that Gojek as a motorcycle taxi service company implemented

The Importance of Authentic Copyright Documentation for Web-Based Computer Programs
(Web-Log Design for Online Ojek Pioneer) As Legal Proof of Ownership

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web solutions and call center systems for taxi bookings using mobile phones
(voice/sms) and blackberry messenger with online terms as well. At that time, Gojek
partnered with 100 motorcycle taxi bases with a total of 230 motorcycle taxi fleets for the
Jakarta area and its surroundings. Where partners are charged 35% of the total fare paid
by passengers. The collective payment system is still manual.

The decision of the first lawsuit in 2021 did not reach the subject matter but NO
(niet ontvankelijk verklaard) because of an obscure label error in persona. The case was
analyzed even though the verdict was not yet unanimous. However, what is being sued is
not "the creator and copyright holder of Gojek-PT Aplikasi Karya Anak Bangsa" (Karim,
2023). What Arman Chasan sued when he created "a web blog for online motorcycle taxi
bookings and using call centers and collaborating with motorcycle taxi drivers in 2008",
is the same as what the Gojek company did in 2010. So there is an allegation that Gojek
is peeking at Arman Chasan's web blog based on the evidence presented at the trial.

In the second lawsuit decision, both at the Commercial Court and cassation levels,
the Supreme Court rejected all of Arman Chasan's lawsuits because the copyright made
by Arman Chasan was only in the form of the concept of ordering a motorcycle taxi. The
judge considered the computer program for making weblogs that had been accepted for
recording by the DJKI as a category of computer programs and papers were set aside and
considered only a concept.

Concepts or ideas based on Article 41 are not considered tangible manifestations of
works so they are not protected according to the judge's consideration. This makes it out
of sync with the recording in the DJKI. Based on Article 31, the recording is the initial
proof of ownership, unless proven otherwise if sued by the real Creator who of course
must prove the originality of the work.

From the background description above, the author aims to analyze illegal acts of
alleged copyright infringement. The number of computer programs and their rapid
development has caused legal delays in pursuing the phenomenon of ICT development.
One of the doctrines of Ahmad Ramli states that there are so many works of computer
programs that it becomes a problem because there is no standard or standard proof of the
computer program. Meanwhile, the judge's consideration, according to the author, is not
correct that the expression of the idea embodied by Arman Chasan is only a concept
because the weblog and the content of his written works can be seen, read, and heard by
internet users. This study is based on the UUHC and the Court Decision in the Arman
Chasan vs Gojek case. The results of this study are expected to be a contribution and input
for policymakers and application developers as well as startups whose work is in the form
of computer programs, especially web-based applications to carefully document the
originality of their work, as proof of legal copyright ownership to provide legal certainty.

Research Methods

The research method used is legal dogmatic, namely the juridical study of positive
law or normative law. Dogmatic law has the main task of directing, analyzing,
systematizing, interpreting, and assessing positive laws (Diantha & Sh, 2016). Normative

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law research examines the law from an internal perspective with the object of research
being legal norms. The research specification uses a prescriptive method (Nurhidayani &
Sujono, 2024) as a process to find legal rules, legal principles, and legal doctrines as well
as legal literature and other materials related to the case to be studied so that it can answer
legal issues about what should be done.

The data collected through literature studies are qualitative data from the type of
secondary data obtained indirectly from available sources. The research sources are in
the form of primary, secondary, and tertiary legal materials.

Primary legal materials are legal materials that have an authoritative nature,
materials consisting of the ratification of international agreements, laws, and regulations,
along with official records or academic manuscripts or minutes of the promulgation
process, and judges' decisions. In this study, the author uses: The Agreement on Trade-
Related Aspects of Intellectual Property Rights (TRIPs); Law Number 28 of 2014
concerning Copyright (UUHC); Civil Code; Government Regulation (PP) Number 16 of
2020 concerning the Registration of Works and Related Rights Products; Regulation of
the Minister of Law and Human Rights (Permenkumham) Number 15 of 2024 concerning
the Management of Royalties for Secondary Use Licenses for Books and/or Other
Writings; Regulation of the Minister of Law and Human Rights (Permenkumham)
Number 42 of 2016 concerning Electronic Intellectual Property Application Services;
Court Decisions: Commercial Court No. 86/Pdt.Sus-HKI/Cipta/2021/PN Jkt.Pst., No.
96/Pdt.Sus-HKI/Cipta/2022/PN Jkt.Pst., and Supreme Court No. 1033 K/Pdt.Sus-
HKI/2023;

Secondary Legal Materials consist of all publications on the law that are not official
documents, including books, journals, scientific works, and commentaries on court
decisions in the field of Civil Rights and Intellectual Property Law law, as well as articles
and news from the Internet related to the case being studied, namely alleged copyright
infringement for "web design" objects categorized as web-based computer programs and
the content of written works that have been recorded in the General Register Created by
the Director General of Intellectual Property (DJKI).

Tertiary/other legal materials are materials that provide instructions and
explanations for primary and secondary legal materials. In this case, the tertiary legal
materials used by the author are the Great Indonesian Dictionary and legal dictionaries
that are used to interpret terms and definitions or general understandings to help the author
understand legal terminology and concepts in other legal materials.

Furthermore, the Research Approach is a perspective in choosing a spectrum of
discussion space that is expected to provide clarity in the description of the substance of
the scientific work. The approach in conducting normative legal research in this study is
with a legislative approach, a case approach, and a conceptual approach.

The data analysis method used in this study uses deductive logic, as a syllogism
embraced by Aristotle. The use of deduction depends on the presentation of the major
premise (general statement), then the minor premise (specific properties), and then
concludes from the two premises (Nurhidayani & Sujono, 2024).

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Results and Discussion

The case raised in this study is about the act of violating civil law against the alleged
copyright infringement of the Pioneer of Online Motorcycle Taxi Arman Chasan by the
Gojek startup. Arman Chasan has legal standing to sue because he feels aggrieved due to
unlawful acts without permission for the exclusive rights he has to 5 (five) copyrights that
have been documented and recorded by the recording procedures based on Government
Regulation Number 16 of 2020 concerning the Registration of Works and Related Rights
Products. The following Copyrights are recorded:

Table 1

Rights CIPTA Arman Chas an's DJKI
It Category Request Heading Registratio

n No
First Date

Announced
1 Computer

program

EC0020016758
June 3, 2020

The First Bintaro Online
Motorcycle Taxi Serves Bintaro,
Rempoa, Sudirman, Thamrin,
Jakarta and Surrounding Routes.

00200452 Dec 1, 2008

2 Work
Write

EC00202107723
21 Jan 2021

Standard Operating Procedures
for Online Motorcycle Taxi
Booking (Ojol) in 2008 by using
via phone, SMS, and website.
And Internet Media.

000234632 Dec 1, 2008

3 Work
Write

EC00202107724
21 Jan 2021

The First Online Motorcycle
Taxi to Implement Safety Riding
for the Bintaro, Rempoa,
Sudirman, Thamrin, Jakarta and
Surrounding Routes.

000234276 Dec 1, 2008

4 Program
Computer

EC00202130902
30 June 2021

Business Methods and the
Forerunner of the Establishment
of the First Online Motorcycle
Taxi in
Indonesia by using internet-
based media since
Year 2008.

000257673 Dec 1, 2008

5 Work
Write

EC00202130913
30 June 2021

Business Methods and the
Forerunner of the Establishment
of the First Online Motorcycle
Taxi in
Indonesia by using internet-
based media since
Year 2008.

000257674 Dec 1, 2008

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Based on Article 1365 of the Civil Code related to unlawful acts (onrechtmatige
daad) states that every act that violates the law (including violating the norms of morality,
propriety, and public order) and brings harm to others, obliges the person who caused the
loss due to his fault to compensate for the loss. An act declared unlawful must meet the
following elements: 1) the act must violate the law, 2) the act was committed by mistake,
3) the act must cause harm, and 4) there must be a causal relationship between the act and
the loss incurred. (Kusumawati, 2022).

Arman Chasan's copyright is included in the category of computer programs in the
form of weblog design programs to inform and how to order motorcycle taxis via the
internet (online). Although it is still very simple to create this web-log is included as a
web-based computer program. According to Article 1 number 9 of the UUHC, a computer
program is a set of instructions written in a specific programming language, which is then
executed by a computer to complete certain tasks. In this case, the Blogger platform used
for web-log (blog) design is specifically designed to assist users in creating and managing
the views and content of their weblogs. The instructions in it allow users to choose
templates, set layouts, add images, write text, and various other functions related to
creating a web blog.

The unlawful act is a mistake, because deliberately without the permission of the
Creator it has violated several articles in the UUHC as lex specialis derogate lex general
of the Civil Code, namely:
1. Arman Chasan's copyright is in the form of a motorcycle taxi booking web blog that

can be accessed via the internet and has been declared/announced for the first time in
2008 so that people who have used its services are dubbed as Online Motorcycle Taxi
Pioneers, therefore it should automatically be protected by the state based on Article 1
number 1 jo. number 11

2. Copyright objects in the form of written works and computer programs are also
copyright objects that can be protected according to Article 40 paragraph (1) letters a
and s;

3. Violating the exclusive rights of the creator, namely the moral right of Article 5
paragraph (1) where the Gojek website as reported in the mass media as the Pioneer of
Online Motorcycle Taxi in 2011 uses a system similar to that has been created by
Arman Chasan, namely the similarity of ordering through web blogs and call centers
and partnering with motorcycle taxi drivers to run their business;

4. Violating economic rights as Article 8 jo. Article 9 by publishing and commercializing
without permission the Gojek website which has been imitated from Arman Chas an's
Copyright for motorcycle taxi bookings through web blogs and call center systems;

5. This act is a mistake because there is no talk of transferring economic rights, one of
which is through a written agreement or called a license (KARJONO & SH, 2023)
According to Article 16.

According to Angela Bowne quoted by OK Saidin, internet users violate the
UUHC, when they download content from an internet site and save it to their computer's

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hard drive. However, this answer is not given, because if an internet user changes the
format or content of a digital work to another visible format without downloading it from
the website, it can be considered copyright infringement. From this, OK Saidin can
conclude that not all traditional copyright principles can include copyright infringement
on the internet. (Darwance, Yokotani, & Anggita, 2020). Copyright is the most important
foundation for the creative development of the national digital economy. Without
copyright, the owner of the work is at risk of being targeted by plagiarism and illegal sales
activities which of course cause intellectual and material losses due to acts of infringing
the copyright of the creator and copyright holder. (Rahmawati, Putri, & Nabila, 2023).

The Form of Copyright of the Online Motorcycle Taxis (Ojek) Pioneer: Computer
Programs and Written Works

Regarding unlawful acts (PMH) here related to violations of regulations in the
UUHC, the description of the copyright that is violated needs to be explained first.
Indonesia has ratified the TRIPs agreement Articles 9 and the Berne Convention Article
2, where copyright will be protected if it meets the following elements: Fixed
(concrete/tangible form), form (certain form), and original (original unique).

Based on the perspective and paradigm of web developers who are engaged in web
blog development, they argue that web blogs are a form of a computer program that
involves programming as a series of instructions in the form of technical code (coding)
collected in a source code to be aimed at performing a specific function. This is in line
with Article 1 number 9 of the UUHC regarding the definition of computer programs.
Web-based computer programs and blogs generally function to display noisy content for
internet users. Other functions can also be for transactions such as e-commerce platforms
or online stores as Tokopedia did at the beginning of its establishment in 2009, namely
web-based computer programs, which at that time had not yet penetrated smartphones in
Indonesia so mobile apps were not so taken into account.

Web-based e-commerce platforms use various technologies and programming
languages such as HTML, CSS, and JavaScript, as well as server-side programming
languages such as PHP, Python, or Ruby to build and manage online stores. The PHP
(hypertext preprocessor) programming language was created by Rasmus Lerdorf in 1994
to create pages, websites, web applications, and graphical user interfaces (GUIs) and
function as an intermediary between web servers and databases (e.g. to store products,
users, and transaction information), thus enabling data processing and user interaction.
Thanks to Lerdorf, websites can display interactive and dynamic content, which can
change according to user requests. This PHP language algorithm can be directly inserted
into HTML and the code will be executed on the server side before being sent to a web
browser (Huda, 2024).

The general definition of an algorithm is a series of logical and systematic steps to
solve a particular problem. More precisely, it can be understood that an algorithm, both
in computer science and mathematics, is a method or procedure that can be used to solve

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existing problems. Therefore, algorithms can be said to include several elements such as
reasoning, data processing, and calculations (Amira, 2022). Based on Article 4 letter d of
Law Number 13 of 2016 concerning Patents (hereinafter referred to as "Patents"), an
algorithm is an effective method expressed as a limited set of instructions that have been
well-defined to calculate a function.

In the context of algorithms, computer programs in Indonesia are classified under
Copyright protection. It is based on that creating software is done with algorithms,
formulas, or code. According to the Berne Convention and WIPO Copyright Treaty, the
protection of computer programs is protected by literary works and artistic works.
(KARJONO & SH, 2023), while in the United States, computer programs are classified
as protected in terms of Patent Rights. Software protection with the Patent mechanism in
the United States is more complicated because it is assessed based on three criteria,
namely: a. novelty, b. contains inventive measures, and c. can be applied in the industrial
field. Software protection based on copyright is based on originality. Judging from the
protection period, the protection of software based on Copyright is longer, namely 50
years, while Patents are 20 years (Candra, 2015).

Meanwhile, a web browser is an application that can help to access/read pages that
contain all the information on the internet network. Without a web browser, internet users
can't access websites. Examples of web browser applications include Google Chrome,
Mozilla Firefox, and Opera. But web browsers are not search engines. A search engine is
a portal to help find information/resources on a particular web page. Examples include
Google Search, Yahoo, DuckDuckGo, and Bing. Meanwhile, the search engine itself is
included in the category of websites that can be accessed using a web browser (Napizahni,
2022).

A website or weblog is a tangible manifestation of the results of the expression of
human thought. Article 1 paragraph (3) of the UUHC, that a Creation is any work of
copyright in the fields of science, art, and literature that is produced by inspiration, ability,
thought, imagination, dexterity, skill, or expertise expressed in real form.

A website can contain several intellectual property rights (Copyrights, Brands,
Patents, Industrial Designs). A website can consist of the following elements (Setiawati,
2011):
a. Website design;
b. The content (content) of the website, can be in the form of text/writing, photographs,

images, music, animations, videos, databases, and software;
c. Logos, business names, product/service brands, symbols and slogans;
d. Domain name;
e. Features with web 2.0 or web 3.0 technology, e.g. search engines, app downloads,

transaction systems such as in online stores, navigation systems, algorithmic systems
e.g. for payment/credit calculations, memberships, etc.

According to Ahmad M. Ramli, the appearance of websites in America is protected
as an industrial design, because there are secrets in its creation so it protects more of the

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substance of the data contained in computers and internet networks. Industrial Design
protects things related to displays such as the homepage. The homepage is the front page
or main page (homepage) of a website (Cmlabs, 2023). The main function of the home
page is to provide information about the website to visitors without having to see all the
pages on the website. Other features of the home page include: providing easy access for
users to the website, representing the identity of the website and the main topic of
discussion, displaying a list of navigation menus, as well as an overview of the functionality
of the content published on the website.

However, the protection of the homepage as intellectual property in the field of
industrial design is often still a debate because of the principle that some countries believe
that industrial design does concern mass-produced objects. Law Number 31 of 2000
concerning Industrial Design (hereinafter referred to as "UUDI") is associated with the
protection of homepages which has quite a principled problem because it strictly adheres
to constitutive principles (Ramli, 2010).

Based on the definition of computer programs in Article 1 number 9 of the UUHC,
website design or web blogs are included as a category of computer programs. The form
of expression of a web-based computer program or web-log application refers to the
concrete way or manifestation of the ideas contained in the program. Here are the forms
that can be recognized and identified objectively. In other words, the form of expression
is how the abstract ideas of a programmer are embodied in a form that can be understood
by a computer. It covers a wide range of aspects, such as:
a. Source Code

1) Text written in a specific programming language.
2) It contains instructions, algorithms, and data that make up the program.
3) Examples: code in HTML, CSS, Python, Java, C++, etc.

b. Object Code
1) Compiled version of the source code.
2) In the form of a machine language that can be directly run by computers that are generally

on the host server so that it can be accessed 24/7.
3) It cannot be easily read by humans.

c. User Interface
1) The way the program interacts with the user.
2) Includes visual display, input/output, and navigation.
3) Examples: buttons, menus, forms, graphics, sounds, etc.
4) Interface display elements:

The real form (fixation) of web blog design refers to the final visual appearance that
can be seen, read, heard, and accessed by internet users, consisting of the main elements,
namely:
a) Layout: The structure of the page, such as the header, footer, sidebar, and main content area.
b) Graphics and Visuals: Images, icons, logos, buttons, forms, and other visual elements are used

to beautify the web logo.
c) Typography: The font selection, text size, and writing style used throughout the web-log.

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d) Color: A color scheme chosen to create a specific mood or theme.
e) Navigation: Menus and links that make it easy for users to explore different sections of the

weblog
f) Content: text/article posts, sounds, animations/videos, and other multi-media published on

blogs
g) Interactive features: memberships (subscribers), visitors.

All of these elements work together to create an engaging and consistent Internet
user experience.
d. Data Structure

1) The way data is organized and stored in programs.
2) Examples: arrays, lists, trees, databases, etc.

e. Algorithm
1) Logical steps used to solve the problem.
2) Although the algorithm itself is not a form of expression, its implementation in the

source code is a form of expression.

f. Combination of These Elements Complex programs are often a combination of some
or all of the above elements.

While invisible elements in the form of source code and object code, web-based
computer programs or weblog applications can still be protected by copyright law.
Copyright protects the form of expression of a program, such as the source code or
interface appearance as in the element above.
Copyright protection in computer programs is so abstract, that it is necessary to
understand that copyright protects the form of expression of the program (Article
40), not the basic idea/concept as in Article 41 of the UUHC.

This means that two people can have the same idea for a program, but the way they
express those ideas in different source code, user interfaces, or data structures can be
protected by copyright.

Therefore, two programmers may have an idea to create an e-commerce web
application. Although the basic idea is the same, the way they design the user interface,
calculation algorithms, and data structures in the source code can differ, and these
differences can be protected by copyright.

By understanding the concept of forms of expression, one will be able to better
understand how copyright protects computer programs and how to protect the intellectual
work of the Creator.

The main thing to note is that all Copyright authenticity documentation must be
carefully described. Both in terms of ideas, chronology, initial design/concept, stages of
completion of the creation, business model, process flow, and method used, the manual
must be documented, if it is needed in the future as a protection of moral rights and proof
of legal ownership as Article 6 jo. Article 7 of the UUHC. Legal ownership
documentation, moreover, has been recorded as prima facie evidence to anticipate
lawsuits from other parties (creators) who consider plagiarism to have occurred.

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To ensure copyright authenticity in the creation of a website design or weblog, here
are some important documentation steps (Shalda, 2022):
a. Initial Concepts and Sketches: Save all the initial concepts, sketches, and ideas used

in the design process. This can be a hand-drawn drawing, a note, or a digital file.
b. Design Process: Document every stage of the design process, including changes and

revisions. Save different versions of the design to show the progress of the work.
c. Resources Used: All resources used, such as images, fonts, icons, graphic elements, or

other art illustrations are recorded. All such resources are guaranteed to have a valid
license or are original works, including if using an open-source license. Open source
is a collaborative phenomenon of programmers/developers. Further development of
open source can be made proprietary, allowing for licensing as per the agreement.

d. Means of technological control: Use various methodologies, such as Digital
Watermark, Digital Rights Management (DRM), Least Significant Bit (LSB)
stenography techniques, and Data Encryption Standard (DES) cryptography
techniques that can be used as protection of copyright ownership by applying
Copyright management information and/or Copyright electronic information.

e. A manual that explains how to use computer programs, complete with source code.
f. Agreements and Contracts: As a developer, if you're working with a client/booker or

team, make sure there's a written agreement explaining the copyright and ownership
of the design. This is important to avoid disputes later on.

g. Date and Proof of Publication: Keep proof of date and publication of the design, such
as emails, screenshots, or other notes showing when the design was first created and
published.

h. Copyright Registration: Although copyright protection automatically applies from the
time the copyright is realized/used and declared/published, registering/registering a
web design with the DJKI can provide a stronger legal presumption unless there is
another party who can prove otherwise.

With the aforementioned steps, Creators can ensure that web designs can be
protected by copyright and have strong evidence to support authenticity claims in the
event of a dispute. Evidence of authenticity documentation and registration certificates at
the DJKI will facilitate and accelerate the evidentiary process in alternative dispute
resolution (APS), arbitration, and litigation.

When the copyright authenticity documentation has been completed, it should be
registered with the DJKI immediately. Based on Articles 64 - 75 of the UUHC and its
administration in Government Regulation Number 16 of 2022 concerning the
Registration of Works and Related Rights. There is no confirmation of how long it will
take for a recording application after the Copyright is realized, although it should be as
soon as the Copyright Authenticity Documentation is completed. This is left to the
Creator or Copyright Holder. The process of recording works starts from the date of
receipt of applications that meet the requirements to giving the decision to accept or reject
the application within a maximum of 9 (nine) months. An example of a copyright

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infringement case of PT Sritex vs PT Duniatex that occurred in 2011, shows that after 35
years of copyright in the form of a "Yellow/Gold Thread Line" on every fabric of PT
Sritex's copyrighted textile products can still be registered with the DJKI. The Copyright
of the Yellow/Gold Thread Strip has been used and announced since August 16, 1976
(Kaligis, 2012).

The general list of works in the DJKI database is a work information system that
should be referred to by Creators and Copyright Holders when
ideas/ideas/concepts/principles/methods/systems or embryos of the work have not been
realized. So that the general list of works can anticipate the minimum possibility of
copyright infringement. Although the registration of a work is only an essential check,
that is, checking all works that have been recorded in the general register of works or
other objects of intellectual property, the recording can be a legal assumption of the
original evidence of creation, unless there is a rebuttal from another party who also has
valid evidence. Meanwhile, the substance or content, meaning, intent, and form of the
Work or Related Rights products that are recorded are not guaranteed to be approved
considering that recording is not a requirement for the legalization of a copyright. This is
different from the legalization of trademarks, patents, industrial designs, and trade secrets
which contain constitutive principles so that the recording process is strict down to its
substance.

Analysis of Proof of Elements of Unlawful Acts

1. There is an act or not to do

The researcher used Gojek to refer to the Defendants (PT GoTo Gojek
Tokopedia, Tbk. and Nadiem Anwar Makarim) because the brand is a trademark that
has been passed down by the general public. In the case of Arman Chasan vs Gojek,
Arman Chasan was aware of his active actions when the Co-Founder of Gojek had
contacted him through the number that he informed in his weblog as his call center
contact, which was about 3 (three) months before the establishment of Go-jek on
October 13, 2010. At first, he thought it was a call from his potential customers because
he usually keeps the phone numbers of his subscribers. Arman Chasan did not know
Nadiem, but the person concerned introduced himself and invited him to work
together. However, the talks were interrupted and there was no follow-up. He had
saved the cellphone number with the name Nadim Makarim as the person concerned
introduced himself, hoping that the person concerned would contact him again.
However, he did not keep a time/date log on his mobile phone when he was contacted,
he did not suspect in the slightest that the log would be needed in the future as evidence
of electronic information based on Article 111 paragraph (2).

Arman Chasan's busy management of online motorcycle taxi services and a lot
of coverage about him as an "online motorcycle taxi pioneer" is called by the public as
a form of appreciation for taking advantage of his services. Time went on three years
later when he was shocked to read the Media Indonesia newspaper on October 28,

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2011, which interviewed him for an article titled "Ojek Increasingly in Front", there
was also an article about Gojek's publication on the same page. Of course, the article
titled "American Master's Touch" stole the attention because it contained more than
half of the page and there was a picture of Nadiem as the CEO of Gojek leaning on his
motorcycle. What he read in the article felt the same as the business model he was
running. He muttered, "The same solution is to use the web (domain www.go-jek.com)
and call center and invite driver partners to run their business". He remembered the
name that had contacted him 3 years ago turned out to be the founder of Gojek.

From this situation, it is clear that the perpetrator committed active acts, surfed
the internet read Arman Chasan's web blog, and deliberately made a call to try his call
center contact number. The legal logic is that Arman Chasan's homepage weblog is
displayed with a larger font header than the callus contact font which contains a phone
number and cellphone that can be contacted for motorcycle taxi bookings. A
comparison image of the header and contact call us is shown in Figure 1 of the
Ojekbintraroblogspot Homepage below. Anyone who sees the homepage certainly
understands that the web blog is a Web Motorcycle Taxi application that offers Online
Motorcycle Taxi Services with routes around Bintaro, Rempoa, and the surrounding
Jakarta area.

Figure 1

Comparison of Header Fonts and Call Us Ojekbintraroblogspot

The uniqueness of Arman Chasan's web blog reviews the professionalism of his
motorcycle taxi service, prioritizing safe riding and the attitude of his driver partners
to be friendly, polite, authoritative, clean, fragrant, and neat. There is a beige driver
jacket uniform with call center info and a web blog on the back as shown in Figure 2
Comparison of Driver Partner Attributes Arman Chasan vs Gojek. The display of the
weblog content is quite dynamic which contains news feed articles about online
motorcycle taxi services and there is an interactive booking column such as the
SMS/chat function stored for the travel traffic database and consumer data in Figure 3.
In addition, it provides space for the community (subscribers/followers) by facilitating
link links (URLs) and affiliate links to several merchants to share.

Font Header

Font Call Us
(Contact Center)

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Indonesian Journal of Social Technology, Vol. 5, No. 12, Desember 2024 5774

Figure 2

Attributes of Arman Chasan vs Gojek Driver Partners

After 1919, PMH was widely interpreted, so that it not only violated the law or
the rights of others or was contrary to decency or was considered appropriate in public
relations, but if it was not enough to show reasonable prudence and tolerance for the
interests or property of other people or parties, then it could be considered guilty of
committing PMH. (Rachman, 2024). In this case, the act of actively observing and
imitating content on Arman Chasan's web-log property without citing the source, of
course, at least violates moral rights and hurts the reputation of the Online Motorcycle
Taxi Pioneer.

Figure 3

Interactive and Community Booking Columns

Arman Chasan's web blog is still fairly simple to be considered as the forerunner
of the digital platform for the electronic system trade operator (PPSE) ride-hailing
because even if it is considered an online transportation business actor motorcycle
vehicles are still not accommodated in Law Number 22 of 2009 concerning Road
Traffic and Transportation, is not listed as public transportation. So the legality of
online motorcycle taxi services is still in question (Saputra, 2022).

Order Column

Subscribe to
the

Community

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Indonesian Journal of Social Technology, Vol. 5, No. 12, Desember 2024 5775

Beyond the legality of online motorcycle taxi services, Arman Chasan's work has
been clearly manifested in the form of a web-based application. It should be understood
that not all application terms can be downloaded, as is the case with web applications.
It can only be read through a web browser. The definition of a computer program as
Article 1 number 9 of the UUHC does not mention that the application element is that
it can be downloaded as well as mobile applications and desktop applications.

As the web design of the ojekbintaroblogspot blog is carried out by two people,
the arrangement as a creator is outlined in Article 33, Article 34 jis. Article 36 of the
UUHC, the role of each can be clarified in the documentation of copyright authenticity.
Arman Chasan acted as the orderer and directed the design in the form of basic ideas
for the flow of the ordering process and article content (copywriter/content editor) to
be uploaded on the web blog and oversaw the completion of all creations. Meanwhile,
the design of the layout, graphics, typography, navigation, data structures, and coding
to create interactive features was assisted by Handono Warih. Therefore, as agreed by
them, the registration of the work recorded as the Creator is Arman Chasan (Hasan
Azhari) in the registration of the Work and/or listed in the general register of the Work
as the Creator (Article 31 letters c and d of the UUHC). This is generally done as in
Article 35, in the business relationship between the Legal Entity and the Web
Developer vendor, through a cooperation agreement and the nature of confidentiality,
the owner/orderer of the Legal Entity as the Creator.

2. Elements of Unlawful Acts
After 1919 with the Cohen and Lindenbaum incident (Arrest Hoge Raad of

January 31, 1919), this unlawful act can be based on positive rules and according to
legal principles that apply in society, such as the principle of propriety or propriety.
So that the actions carried out must violate the rules, morality, public order, or
subjective rights of others (it can be material rights, it can also be individual rights).
According to Munir Fuady, unlawful acts are in the form of acts that violate the law,
that violate the rights of others guaranteed by law, acts that are contrary to the legal
obligations of the perpetrator, acts that are contrary to morality (goede zeden), and acts
that are contrary to a good attitude in society to pay attention to the interests of others.
(Fuady, 2005).
The articles that are suspected of being violated include:

a. Article 4, which is a violation of the exclusive rights of the Creator of the weblogs
and writings of the Pioneer of Online Motorcycle Taxi

b. Article 5, the moral right inherent in the Creator for life, which is the right to be
named and the control of the work under its control, such as maintaining its right
to change the Creation, distortion of the Creation, mutilation of the Creation,
modification of the Creation, or anything detrimental to his honor or reputation.

c. Article 8 and Article 9, in the form of economic rights to utilize the
commercialization of works, so that without the permission of the creator, it is not

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allowed to use, among others, the work; publication of Works, Reproduction of
Works in all their forms; translation of Works; adaptation, arrangement,
transformation of Works; announcement of Works.

d. Article 16, Arman Chasan's copyright has never been transferred in the form of a
license based on an agreement. Arman was contacted before Gojek was
established to carry out cooperation, but it was cut off and there was no
continuation.

3. Elements of Fault
Mistakes from unlawful acts can be intentional and negligent. Intentionality

means that a person does an act and this act intends to create an effect. The perpetrator
(subject of law) must be wrong in doing or not doing. The subject of the law can be an
individual (natuurlijke person) or a legal entity (recht person). Fault (schuld) can
consist of an element of intentionality (dolus), and an element of negligence (culpa),
and there is no justifying reason or excuse for the person.

In the case of the perpetrator deliberately observing the weblogs and the content
of the articles in it, even though it was clear that the website offered online motorcycle
taxi services, and realized that it was his competitor at that time.

4. Element of Loss
Every unlawful act brings harm to others, which obliges the person who caused

the loss because of his fault, therefore the perpetrator must be responsible for replacing
the loss. As in accordance with Article 1365 of the Civil Code.

Generally, liability in civil affairs is based on the law of engagement, namely:
1) Liability arising from the agreement/contractual relationship (privity of contract)
based on Articles 1338 and 1317 of the Civil Code; 2) Responsibilities arising from
the law (laws and regulations). Responsibilities arising from the law include two
things, namely: 1) Responsibilities arising from the law alone, or 2) Responsibilities
arising from the actions of people, whose actions may be by the law (also legal/halal
acts) or acts that violate the law which are also called Acts Against Civil Law (PMH).
However, as stipulated in Article 1367 of the Civil Code, liability is not only due to
his actions but also due to the actions of people or objects under his control. (Idayanti
& Aryani, 2019).

An example of a case in 2001, an unlawful act by infringing on the exclusive
rights of the creator of a computer program that is familiar to computer users is the
Microsoft Office application. IPR protection is universal, considering that Indonesia
has ratified the TRIPs agreement and the Indonesia-US bilateral agreement through
Presidential Decree No. 25/1989 concerning the Ratification of Agreements on
Copyright Protection (KARJONO & SH, 2023).

The active act was proven guilty intentionally based on evidence of the results
of the dealer test purchase program (DTPP). Microsoft Co. hired an investigation
company to purchase computers at several stores that allegedly carried out illegal
installations without the addition of purchasing official licenses to attract computer
buyers at those stores. The computer evidence was dismantled for research on its

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production code (serial number, password, secret code) as a means of technological
control that has been regulated in Article 52 of the UUHC.

As a result, this act has harmed Microsoft Co., so the perpetrator must be
responsible for the loss, where it is certain that there is a causal relationship between
the crime and the harm caused.

Claims for losses are not only material losses (compensation, costs, interest) but
also moral losses (immaterial). The amount of loss was obtained on the assumption
that the five defendant stores had been running their business for 4 (4) years. During
that time, he sold an average of 10 to 20 units of computers every day. The original
Microsoft Office costs $599, while the illegal one costs $110. So the total
compensation claim amounted to US$ 8.8 million.

However, in the end, a peaceful route was carried out, so that it could be resolved
fairly, quickly, and effectively compared to the litigation route that had lasted 8 (eight)
months. The agreement was that each defendant paid US$ 20,000 and donated 20
computers equipped with official Microsoft applications and support for use for social
purposes and published on social media.

Piracy of Microsoft applications does not only occur conventionally (using
diskettes/CDs) in the above case but also occurs on websites that provide free
Microsoft software download facilities. (Handiwiyanto & Dewanto, 2020). The
copyright infringement was carried out to increase the number of hits and ad views due
to the increase in visitors. However, Billy (Handiwiyanto & Dewanto, 2020)Their
descriptions did not explain how to settle the loss. The point is that the creator of a
computer program needs to include a means of technological control as a protector and
implement Copyright management information and/or copyright electronic
information as Article 6, Article 7 of the JIS. Article 52 of the UUHC.

Analogous to the example of the case above, Arman Chasan's claim for losses
due to alleged plagiarism committed by the perpetrator when observing his web blog,
so that he realized that there had been an online motorcycle taxi since 2008, which was
two years before Gojek was established. Conducting a test call center and being
disconnected without any follow-up showed that the perpetrator realized that the web
blog he was looking at was a competitor at that time. In the evidence in court, it was
revealed that the partner witnesses from each party explained that the ordering process
was the same. Unfortunately, the web view of Go-jek.com was not captured as
evidence of clues, but in the trial, there were no legal facts or evidence of the
authenticity of Gojek's web copyright documentation and recording in the DJKI Works
List at the time of publication in 2010. At that time, there were no mobile apps. Gojek
itself was only incorporated in 2015 along with the launch of mobile apps based on
iOS and Android. Considering that fierce competition began to occur in 2014 with the
arrival of ride-hailing platforms such as UBER, Grab, inDrive, and Maxim.

Regarding the claim for compensation requested to the judge, the assumption
of the calculation is also analogous to the calculation of the Microsoft software piracy
case above, which assumes the calculation of the income of 20 driver-partners, which

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Indonesian Journal of Social Technology, Vol. 5, No. 12, Desember 2024 5778

is an average of Rp 150,000 per day. Gojek ran its business from 2010 – 2021 (10
years), resulting in material losses of IDR 10,800,000,000. As well as claims for
immaterial losses. The demand for a fee of 10% of the profit should be based on the
license. But in reality, this is a PMH demand, not a default (license agreement).

5. Element of Causality
Causal liability is a causal relationship between unlawful acts and losses. The

causal relationship between unlawful acts carried out by the perpetrator. The existence
of a causal relationship between actions and losses is based on several theories,
namely: the theory of factual relations (sine qua non), the theory of adequate
aerobraking, and the theory of proximate cause.

In this case, the factual correlation between the deeds and losses experienced by
Arman Chasan due to alleged plagiarism caused his business to be threatened, finally
in 2013 Arman closed his business, lost money, and also the competition began to be
fierce at that time with the arrival of a ride-hailing platform from outside.

Conclusion
A work that has been realized in real (fixed, form, and original) in this digital era

where the product is in the form of an abstract web-based computer program that is
protected on the side of the source code which is stored in the computer and invisible to
the user. However, when designing using open source code, further development can
allow the Creator to close the source code (closed source code) as proprietary. How to
use it as a user guide (manual book) needs to be prepared and can be protected as a
copyright of written works. The appearance and content in it can be protected as
intellectual property rights.

The variety of computer programs as the creation and originality of a work, such as
web-based and mobile application-based computer programs along with the development
of smartphones, as far as using coding, should be protected regardless of whether the
product can be installed (by downloading) or can be read through a browser application
such as the web. Websites/blogs or types of web applications that are clear to perform
certain functions, especially with the advancement of web 3.0 or 4.0 technology have
blurred the boundaries of website design with web applications, and have developed into
dynamic and interactive features, such as online stores or web-based e-commerce
platforms.

Documentation of the Authenticity of Copyright Works should be prepared from
the beginning of creation, so that it becomes prima facie evidence, and also so that it can
be recorded in the General Register of Works at the DJKI, to be aware of copyright
disputes.

Suggestions for the DJKI, to develop an information system for the General
Register of Copyright Works and Intellectual Property Rights to be a reference for
creators and Copyright holders to avoid infringement of exclusive rights of works. And
for the judge at the Commercial Court, to be able to explore legal findings related to the
emergence of various computer programs, considering that some cases regarding web-

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Indonesian Journal of Social Technology, Vol. 5, No. 12, Desember 2024 5780

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