(This background image was sourced from Pinterest for non-commercial use only)
Written by Natassja Putri Gumilang
In today’s digital age, fictional works such as novels, short stories, and fanfiction are increasingly accessible through digital platforms such as Wattpad, KaryaKarsa, X (formerly known as Twitter), Medium, and others. Unfortunately, this convenience also brings new challenges related to copyright protection. In this context, two violations that often occur are plagiarism and piracy of the digital work. Although they sound similar, the two have fundamental differences that are quite important for writers and readers to know.
What is “Plagiarism”?
From a legal standpoint, Copyright Law Number 28 of 2014 does not explicitly define plagiarism (Alkaf & Inayah, 2020). According to Kamus Besar Bahasa Indonesia, plagiarism is defined as the act of copying copyrighted material without permission and without proper citation. In Indonesian, plagiarism is referred to as “plagiat,” which literally translates to “theft of another’s work and presentation of it as one’s own.” For instance, this could be the copying of a text, idea or story structure without the permission or acknowledgement of the original author.
According to Black’s Law Dictionary, plagiarism is defined as “the deliberate and knowing presentation of another person’s original ideas or creative expressions as one’s own; the wrongful appropriation of another’s expression of ideas, or of the ideas themselves, by slight variation of expression.” (University of Cincinnati College of Law, 2024).
The Copyright Law Number 28 of 2014 does not explicitly define plagiarism, but it is considered a violation of moral rights as outlined in Article 5. If certain conditions are met, such as the violation of the economic rights of the creator of the work, criminal sanctions can be imposed in accordance with Article 113 of the Copyright Law. Within the academic context, plagiarism is addressed by Minister of Education, Culture, Research, and Technology Regulation Number 39 of 2021 on Academic Integrity, which classifies it as an ethical violation in scientific papers. This regulation stipulates the enforcement of administrative sanctions, as outlined in Article 17, paragraphs 1 and 2 (Palendeng et al., 2023).
What is “Piracy”?
Piracy is defined as the duplication and distribution of works without the authorization of the original creator, typically with a commercial objective or to achieve economic gain. According to Article 1, paragraph 23 of the Copyright Law numbered 28 of 2014, “the definition of piracy is the illegal duplication of works and/or related rights products and the distribution of goods resulting from such duplication to a large extent to obtain economic benefits.”
This definition encompasses not only the duplication of works but also the large-scale distribution of such materials with the primary objective of generating economic benefit, thereby categorizing piracy as a violation of copyright law.
Conclusion
The following table offers a concise summary of the differences between plagiarism and piracy:
|
Aspect |
Plagiarism |
Piracy |
| Definition | Taking someone else’s work (text, ideas, writing style) and claiming it as your own without proper credit. | Illegally duplicating, distributing, or selling copyrighted works without the creator’s permission. |
| Purpose | Generally done to claim intellectual ownership or recognition. (against moral right) |
Usually done to gain economic benefit through unauthorized distribution. |
| Example | Copying parts of a novel and publishing it as your own story. | Sharing a paid e-book or digital story to another platform without the author’s consent. |
| Can It Be Prosecuted? | Yes, especially if it involves infringement of moral rights. | Yes, it is a criminal offense involving violation of economic rights. |
| Legal Citation | “Plagiarism is the act of appropriating the literary composition of another… and passing them off as the product of one’s own mind.” – Black’s Law Dictionary | “Piracy is the illegal duplication of works… and the distribution of goods resulting from such duplication to a large extent to obtain economic benefits.” – Law No. 28/2014, Article 1(23) |
References
Alkhaf, A. L., & Inayah, S. H., M.H. (2020). Relevansi perlindungan hukum antara penulis & penerbit selaku pemegang hak cipta atas pembajakan buku berdasarkan Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta [The relevance of legal protection between authors & publishers as copyright holders regarding book piracy based on Law No. 28 of 2014 on Copyright] (Undergraduate thesis, Universitas Muhammadiyah Surakarta). https://eprints.ums.ac.id/id/eprint/87755
Palandeng, R. A. C., Setiabudhi, D. O., & Maramis, M. R. (2023). Aspek hukum plagiarisme sebagai pelanggaran integritas akademik di perguruan tinggi [The legal aspect of plagiarism as a violation of academic integrity in universities]. Lex Privatum, 12(1). https://ejournal.unsrat.ac.id/index.php/lexprivatum/article/view/49428
Republic of Indonesia. (2014). Law Number 28 of 2014 on Copyright.
Republic of Indonesia. (2021). Minister of Education, Culture, Research, and Technology Regulation Number 39 of 2021 on Academic Integrity in Producing Scientific Work.
University of Cincinnati College of Law. (2024, July 17). College of Law guide to identifying & preventing plagiarism. University of Cincinnati Libraries. Retrieved April 11, 2025, from https://guides.libraries.uc.edu/c.php?g=954202&p=6886110
