THE LEVEL OF CONSCIOUSNESS OF THE BALI ARTIST WILL IMPORTANT THE RIGHT TO CREATION
22/06/2020 Views : 119
IDA BAGUS PUTU SUTAMA
Since Law No. 6/1982 concerning Copyright, as amended by Law No. 7/1987 concerning amendment to Law No. 6/1982 concerning Copyright, was later revoked and amended by Law No. 19/1982 concerning Copyright, then replaced by Law 19 of 2002 concerning Copyright, was replaced again by Law No. 28 of 2014 concerning Copyright which is in effect until the time of this writing.
Replacement of Law No. 19 of 2002 concerning Copyright with Law No. 28 of 2014 concerning Copyright, is carried out by prioritizing the National interest and taking into account the balance between the interests of the Creator, the Copyright Holder, or the Related Rights Owner, with the community and observing the provisions in international agreements. in the field of Copyright and related rights.
Copyright in Law No. 28 of 2014 concerning Copyright, is the exclusive right of an Author that arises automatically based on a declarative principle, after a creation has been realized in real form without reducing the limitations in accordance with the provisions of the regulations per Invitation Act.
In connection with the results of the work of art, in general both works of art and performance, including literary arts and others, the area of Bali because of the background of belief systems and social systems that support each other, giving birth to a variety of works of art in both fields art mentioned above.
The belief system of the Hindu community in Bali which is based on Hinduism must be recognized that, its implementation procedures are specifically different when compared with the procedures for practicing Hinduism in Dareah or other countries, this is because the procedures for Hindu people in Bali are based on the social system that is in fact it has different values when compared to the values of social systems in other Regions or Countries.
For the Balinese region which still lives in the Balinese social system, namely the Banjaran kinship system and the Customary Village, then in every Balinese household there must be an artistic potential, for example as a dancer, musician (musician), Mekidung / Mekekawin (singer), sculptor, painter (making a rerajahan). the question is, why does it happen ......? while for the region or in other countries, this does not necessarily mean that it does not necessarily mean that there are artists in every household like what happens in Balinese households.
In Bali before art works became commercialized which then needed to be protected by the rights of their creators, Balinese artists worked based on the concept of Hindu aesthetics called "SATYAM, SUNDARAM, SIWAM".
Satyam / satya, is the value of honesty, an artist creates a pure work out of honesty in his heart not because of imitating or copying the work of others.
Sundaram, is considering the horizontal balance values that live and prevail in society, when students create their work.
Siwam / Shiva, is the value of beauty (the most beautiful is God, for Balinese Hindus "Shiva" is God for him).
From this it can be said that Balinese artists in general when creating works of art are for devotion to Shiva (God)
Answering the previous question, why in every Balinese household that still lives in a Balinese social system called the kinship system, there must be artists ..........?
This is because the Balinese Hindu belief system is closely linked to mutual support with the social kinship system of flooding.
One example can be said, when a ceremony is being held in a temple or in one of the houses of a Banjar resident, it is certain that the residents "ngayah" Kepura or participate to residents who have the activity of the ceremony, in this process of ngayah various potentials are needed, related to the field of art both the performing arts and fine arts will take on their respective roles, those who can mekidung / mekekawin (singing) will play mekidung / mekekawin, those who can play music (music) will play nabuh, those who can dance will dance, and if a statue / sculpture is needed, or a Rerajahan (painting) ) then those who can Matung / carve and those who can Mererajahan (painting) will be able to make sculptures and also make rerajahan (paintings).
Because the concept of ngayah and dedication causes every Balinese household to have artists and the potential for perpetuity in the three performing arts and art and literary groups which had previously been mentioned remain sustainable and develop following the cultural development that lives in the Balinese social system to support the belief system that it adopts, so in the performing arts there are special performances for ceremonies and there are performances solely for entertainment, as well as in fine arts, sculpture / sculpture and painting, and so on.
The next question that really becomes the focus of this observation is, is the relationship between Balinese artists' artistic concepts based on the Hindu aesthetic "SATYAM SUNDARAM SIWAM" as already alluded to with the existence of Copyright ...?
If it is observed in general, Balinese artists rarely register their copyrights, even seem to care less and are reluctant to do such a thing (registration) because they consider art as a mental process, so that when the process is finished that is the value they receive, the value is in the form of value worship offerings to his idol namely Shiva or God for him, while the economic value is not the most important thing.
When Law No. 28 of 2014 concerning Copyright is enacted which in principle provides protection of the Rights to a person's creation, then the above problem becomes a particular concern for the Government as the implementing Act in this context the Copyright Act to provide understanding for Balinese artists in particular, because the work has been protected by law so that it is very certain to provide economic value on the other hand besides the value of religious offerings.
If observed lately it can be said that what is in force in the process of our social activities at work is market theory, which in principle starts with economic value, so that economic value is what demands recognition of rights, the only way for copyright to be recognized by legal formal is very important to be registered, even though Copyright appears automatically based on declarative principles after a creation is realized in tangible form.
The final conclusion of this observation can be said that the current awareness of Balinese artists about the importance of their Copyright is more focused on the concept of devotion offered to their idol, Shiva / God, compared to getting more definite legal recognition by registering, although not all artists Bali takes the attitude like what was revealed from the analysis above. Then need to do a wiser study that creating art is not solely for the value of offerings, but it is also necessary to realize that the results of art creation also contain an economic value effect that is very beneficial in the life process for responsible as one of His creatures.