Software Copyright and the Electronic Security System: Specific Issues Implementing Software Checker for Legal Writing

Under TRIPs Agreement, computer program or software is protected through copyright regime. Indonesia as a member of TRIPs also protects software through the Act No. 19 of 2002 concerning Copyright. Regarding the rapid development of software especially the growth of electronic security system and communication, in Indonesia, there are some laws such as the Act No. 11 of 2008 and the Government Regulation No. 82 of 2012 that related with advanced electronic communication and information technology also stipulate the software particularly related with the electronic security system. In relation to the advance development of security system software, currently, it is used to detect similarities on academic writing. Using such electronic security system to protect copyright is very useful for the copyright owner. However, implementing the software checker to detect level of the similarities on legal writing it is still challenging for authors because when writing legal issues somehow the authors need to write the full texts of some regulations or acts. Therefore determining the level of similarities as a copyright infringement by using software checker without considering originality test based on copyright concept seems not fair. It is because the concepts of plagiarism in the level amount of similarities and the copyright infringement both have similarities and differences.