DISPARITAS PUTUSAN MAHKAMAH AGUNG TENTANG PERBUATAN MELAWAN HUKUM DALAM PENAYANGAN SIARAN PIALA DUNIA TAHUN 2014 (Studi kasus 108K/Pdt.Sus-HKI/2019 dan 109K/Pdt.Sus-HKI/2019)

Abstract

Cases related to licenses are one of the cases in the field of Intellectual Property
Rights which are handled by the commercial court at the first level and the Supreme Court at
the cassation level. The panel of judges certainly has considerations in determining a decision
on a case, and the results of the decision may differ depending on how the panel of judges
evaluates and examines the cases that come to him. The judge's decision should reflect, among
other things, legal certainty. The decisions that the author adopts are decisions number
108K/Pdt.Sus-HKI/2019 and 109K/Pdt.Sus-HKI/2019 where there is a difference in the
contents of the amendment to the decision by the Supreme Court. The purpose of this study is
how the disparity of the supreme court's decision regarding unlawful acts in broadcasting the
2014 World Cup broadcasts between decisions number 108K/Pdt.Sus-HKI/2019 and
109K/Pdt.Sus-HKI/2019, and what are the considerations of the Supreme Court in deciding
the case.

This research is normative in nature, namely the type of research that uses library
studies by studying principles or also known as document studies. Using secondary data
sources with primary legal materials, secondary legal materials, and tertiary legal materials.
The author uses the method of library research (library research) in collecting data.
The disparity in the improvement of the contents of the judgment made by the
Supreme Court is very significant, in decision number 108K/Pdt.Sus-HKI/ 2019 unlawful acts

committed by the defendant were not eliminated while in decision number 109K/Pdt.Sus-
HKI/2019 unlawful acts committed by the defendant were removed and the supreme court also

negated compensation to the defendant. The Supreme Court considered that decision number
108K/Pdt.Sus-HKI/2019 had fulfilled the element of illegal acts because hotel rooms were
considered commercial places, while in decision number 109K/Pdt.Sus-HKI/2019 did not meet
the elements of illegal acts because hotel rooms were not considered commercial places.
Keywords: Disparity-Verdict-Unlawful Action-Consideration-Judge.