JRSSEM 2021, Vol. 01, No. 4, 387 – 397

E-ISSN: 2807 - 6311, P-ISSN: 2807 - 6494

DOI: 10.36418/jrssem.v1i4.31

CREATIVE MEDIA FIELD OF SAE LECTURERS AND

STUDENTS IN THE INSTANT GRATIFICATION ERA

RR. Ella Evrita H

Faculty of Law, As-Syafi'iyah Islamic University, Indonesia

e-mail: e.evrita@sae.edu

Correspondence: e.evrita@sae.edu

Submitted: 31 October 2021, Revised: 13 November 2021, Accepted: 14 November 2021

Abstrak. The protection of ideas or creativity on the work, especially the work of students and

lecturers in the creative media field is still not maximized. This can be seen from the rampant piracy

of works in the music, information technology, publishing, film, and animation industries. In

addition, there are still other problems such as plagiarism of written works, and licensing, especially

for the music, photography, and information technology industries. The purpose of this article is

to find out how the impact of the instant gratification era on the ideas or creativity of students and

lecturers in the field of creative media and copyright protection for the works of lecturers and

students. Therefore, it is necessary to have a regulation related to the protection of the works of

lecturers and students. The author uses the Normative Juridical research method. The results of the

study indicate that the era of instant gratification that was born from technological advances can

also have positive and negative impacts, and the protection of the works of lecturers and students

who have not been commercialized and are still in the form of drafts that need to be developed

further (not yet real) is still not maximized.

Keywords: copyright protection; creative media; instant gratification era

RR. Ella Evrita H| 388

DOI: 10.36418/jrssem.v1i4.31

INTRODUCTION

Today’s world industry has entered the

era of the digital generation, also known as

Industry 4.0 generation, a trend in the

industrial world that blends automation

technology with cyber technology.

Danrivanto Budhijanto said that the Fourth

Industrial Revolution (Industrial Revolution

4.0) brought new challenges. This rapid

Industrial Revolution 4.0 has had an impact

on technology and social developments,

therefore relying on government/regulator

legislation and incentives to ensure the

optimal results is a huge mistake

(Budhijanto, n.d.).

The progressive development of

Industry 4.0 must be balanced with the

readiness of the community which is now

known as Society 5.0. Society 5.0 envisions

a new future for humanity that incorporates

technology into all aspects of life. Japanese

Prime Minister Shinzo Abe first introduced

Society 5.0 era to balance technological

progress with integrated social problem-

solving. The balance of society is required

to anticipate the rapid development of

Industry 4.0 which continues to create

artificial intelligence until the advent of a

new era, namely the instant gratification era

in the Industry 4.0 era (Budhijanto, n.d.)

In the Industry 4.0 era, human

creativity and innovation related to the use

of information technology inspired a new

industry, namely the creative industry

(Budhijanto, 2016). As a result of the

emergence of this creative industry, a new

business, known as a startup, began to

come up. Startup businesses prioritize new

ideas and provide solutions to problems for

consumers. Because they rely on

technology to help business growth, it is

understandable if some people view

startup businesses as tech companies

(Sudaryat et al., 2020). Various startup

businesses are also engaged in the creative

industry, including Creasi, Vallet.Id,

Eksisenter, Kreavi, Sribu, Tees, and others.

The creative industry is one of many

sectors to boost the Indonesian economy.

The Industrial Revolution 4.0 era made the

creative economy a strategic choice to win

global competition, as marked by

continued innovation and creativity to

improve economic added value through

the capitalization of creative ideas. The

creative economy contributes to the

economy by increasing gross domestic

product, creating jobs, and increasing

exports. The document of RPJM for the

Creative Economy published by the

Ministry of Tourism and Creative Economy

of the Republic of Indonesia stated that the

creative economy calculated by Statistics

Indonesia during the 2010-2013 period

contributed 7.05% on average to

Indonesia’s gross domestic product. There

are around 17 subsectors of the creative

economy, including publishing,

architecture, product design, fashion,

interior design, visual communication

design, applications and games, film,

animation and video, photography, music,

television and radio, performing arts, craft,

culinary, arts, and advertising (Sudaryat et

al., 2020).

In the process of creative industry, the

essential aspect is input in the form of

ideas, innovation, and creativity because

the creative economy is a process of

creating added value that evolved from the

ability of creative people to create works

RR. Ella Evrita H| 389

and services from ideas and the use of

science, including cultural heritage and

technology. Therefore, creativity and

innovation require legal protection in the

era of information technology, instant

gratification, Industry 4.0, and Society 5.0,

which is the legal protection of intellectual

property (Sudaryat et al., 2020).

Three related intellectual properties

include copyright, trademark, and patent.

that protects works in the fields of science,

art, and literature by prioritizing

authenticity and requiring that the works

have been created. A trademark is a form of

intellectual property that is directly related

to the trade context that functions as a

differentiator between products, services,

quality assurance, promotional facilities,

and information about the origin of goods.

Meanwhile, patents are intellectual

property that protects creative and

innovative works in the form of products

and processes in the field of technology.

(Jibir & Abdu, 2021)

The protection of ideas or creativity on

works, especially the works of students and

lecturers in the creative media field is not

fully realized. This can be seen from the rise

of piracy in the music, information

technology, publishing, film, and animation

industries. There are also other issues such

as plagiarism of written works, and

licensing, particularly for the music,

photography, and information technology

industries. Weak law enforcement is one of

the factors causing the low number of

creative works registering Intellectual

Property Rights (IPR) by the owners,

including students and lecturers in the

creative media field. Therefore, it is

necessary to have a regulation related to

the protection of the works of lecturers and

students (Yasechko et al., 2020).

According to (Sari, 2019), Intellectual

Property Rights (IPRs) are exclusive rights

granted by a regulation to a person or

group of people for their work. Every

creative work that is born from a bright and

useful thought for humans needs to be

recognized and protected by law.

(Anderson-Zorn & Long, 2021) researching

about yearbooks which are challenging

digitization projects because they are likely

to contain privacy-sensitive photographs

and other information as well as potentially

copyrighted content created by multiple

parties. An understanding of state and

federal privacy laws, such as FERPA, and the

ethical obligations to preserve the privacy

of individuals is essential to addressing

multi-layered concerns for digital access.

Therefore, based on the description of the

background above, the problems that will

be discussed in this article are as follows:

1. What is the impact of the instant

gratification era on the ideas or

creativity of students and lecturers in the

creative media field?

2. How is the copyright protection for the

works of SAE lecturers and students in

the creative media field in the instant

gratification era?

MATERIALS AND METHODS

The research method used in this

paper was normative juridical, which is

characterized as literature studies.

Literature studies are required to collect the

necessary legal materials, such as primary

legal materials including the 1945

Constitution of the Republic of Indonesia

(UUDN RI 1945) and Law Number 28 of

2014 concerning Copyright. Secondary

390 | Copyright Protection for The Works of Sae Lecturers and Students in The Creative Media Field in

The Instant Gratification Era

legal materials, such as books, legal

scientific papers, and other written

materials were used to explain some of the

terms used in this paper (R. Indonesia,

2002) (P. R. Indonesia & Nomor, 28 C.E.)

DISCUSSION

The Impact of the Instant Gratification

Era on the Ideas or Creativity of Students

and Lecturers in the Creative Media Field

Creative media according to the origin

of the word consists of two words,

including media and creative. (Clark &

Morrison, 2009) said that Media are

generally defined as the means by which

information is conveyed from one place to

another. Etymologically, the word “media”

is the plural form of “medium”, which

comes from the Latin “medius” meaning

“middle”. Meanwhile, the word “medium” in

the Indonesian language can be

interpreted as “between” or “moderate”.

Therefore, the notion of media can lead to

something that delivers or forwards

information (messages) between the

source (messenger) and the recipient of the

message. Based on this definition, it can be

concluded that the media is a form or

means that can be used in a process of

presenting the information.

The word creative can mean a capacity

(effort or ability) to produce or create

something unique, solve a problem or do

something different from the others

(thinking outside the box) that drives other

sectors (following innovation), and

improves the quality of life. Creativity is

strongly related to innovation and

invention, indicating that creativity is a

factor that drives the emergence of

innovation in the creation of creative works

by utilizing existing inventions. Based on

the definitions of the words “media” and

“creative", it can be said that creative media

is an introduction to communication that

can transmit information (messages)

between sources (messengers) and

message recipients through the

elaboration of unique resources and efforts

in creating solutions to a problem in the

realm of visual communication (Annisa,

2021).

Technological advances brought

progress to the industrial world which

eventually emerge a new era in the form of

the instant gratification era. By definition,

instant gratification is a practice of avoiding

short-term difficulties that have the

potential to lead to long-term difficulties

(Adam Sicinski, n.d.). It means that

someone will always find an excuse not to

do something because the process is tough

even though they are aware and

understand that the process will help them

to achieve their goals or ideals in the future.

There are several reasons why people,

including lecturers and students who are

engaged in the creative industry/creative

media, are addicted to instant gratification,

including:

1) The desire to avoid procrastination;

waiting is not pleasant. From an

evolutionary perspective, humans have

the instinct to reach what they want or

to get the prize right away, and resisting

that instinct is difficult. Evolution has

given humans a strong desire to get

things done quickly (Shahram Heshmat

Ph.D., 2016).

2) Hatred of uncertainty; everyone hates

uncertainty. For example, a student gets

RR. Ella Evrita H| 391

a task from a lecturer to write a scientific

work. The student was unsure whether

their scientific work would be

appreciated by the lecturer and would

result in good grades for them. The

encouragement from the

doubt/uncertainty had finally brought

the student to plagiarize other people’s

scientific work on the internet and claim

to be the result of their scientific work.

What the student does is a form of

instant gratification that is common in

the realm of education, notably by

ignoring a process (the process of

writing scientific papers) and focusing

solely on the results (getting good

grades from the lecturers).

3) Emotions and impulsivity; Psychological

conditions such as emotions and

impulsivity are also one of the factors

that encourage an instant lifestyle. For

instance, a YouTuber feels fatigued and

stressed because the video content he

made was not popular. When they see

the video content made by other

successful and popular YouTubers, they

immediately have a desire or impulsive

nature to imitate (create similar

content).

As with technological advancements

that have a variety of impacts on human

life, the instant gratification era generated

by technological advances can also bring

positive and negative impacts. The positive

impact of instant gratification is that people

can express their various ideas, creativity, or

visions in creative applications such as

YouTube, Tiktok, Instagram, writing

applications, and others. They not only can

express ideas, creativity, or visions, but they

can also store all of the creative works for

quite a long time. Furthermore, they will

receive direct feedback or input when the

work resulting from an idea or creativity is

seen by a large number of people fast

owing to sophisticated technology

(Waldron, 1992)

The negative impact of instant

gratification is the increase in plagiarism of

one’s ideas or creativity, including the work

of lecturers and students engaged in

creative media. The increase in plagiarism is

caused by the low level of awareness to

property protection such as copyrights,

patents, or trademarks because the process

is difficult and takes a long time. People

who work in the creative industry or

creative media get lethargic to register

their work because they are accustomed to

the instant gratification era, which is all

done instantly (Yahya, 2011).

Instant gratification provides

convenience, practicality, and speed in

today’s life, but it comes at a very high cost,

namely personality and learning

opportunities. The instant gratification era

leads us to be a generation that wants to

be fast, avoids waiting, and prefers to skip

processes that tend to be slow and difficult.

It means that instant gratification drives us

to be impatient and quick-tempered.

SAE Lecturers and Students in the

Creative Media Field in the Instant

Gratification Era

The protection of the works of SAE

lecturers and students in the creative media

field is highly needed, particularly the legal

protection of intellectual property,

including the recognition of rights. In

392 | Copyright Protection for The Works of Sae Lecturers and Students in The Creative Media Field in 
       The Instant Gratification Era 
accordance  with  its  essence,  Intellectual 
Property  Rights  (IPR)  are  classified  as 
individual  intangible  property  rights. 
(Margono, 2015) 
In addition to intellectual property, the 
term IPR also refers to intangible property, 
creative  property,  and  incorporeal 
property.  In  France,  people  call  it  the 
propriete  intellectuelle  and  the  propriete 
industrielle. Meanwhile, in the Netherlands, 
it is usually called intelektuil property and 
industrial  property  (Djumhana  & 
Djubaedillah, 2014). 
WIPO as an international organization 
that  manages  the  field  of  Intellectual 
Property  Rights  explains  intellectual 
property as Intellectual property (IP) refers 
to creations of the mind: inventions, literary 
and  artistic  works,  and  symbols,  names, 
images, and designs used in commerce. 
The WIPO definition indicates that the 
meaning  of  Intellectual  Property refers  to 
the  creation  of  the  mind  in  the  form  of 
inventions,  literature,  and  works  of  art, 
symbols, names, images, and designs used 
in trade. Therefore, IPR can be interpreted 
as ownership of these objects. In a broader 
context, the meaning of rights contains the 
value of authority over an object which, if 
violated,  will  certainly  bring  harm  to  the 
owner, and it is in this context that IPR can 
be interpreted as a legal issue (May, 2006). 
David I. Bainbridge defines intellectual 
property  that  Intellectual  property  is  the 
collective name given to legal rights which 
protect the product of the human intellect.  
The term intellectual property seems to be 
the  best  available  to  cover  that  body  of 
legal  rights  which  arise  from  mental  and 
artistic endeavor (Bainbridge, 2019). 
The  term  Hak  Kekayaan  Intelektual 
(HKI)  in  the  Indonesian  language  that 
means Intellectual Property Rights (IPR) is a 
change  or  revision  of  the  term  Hak  Atas 
Kekayaan  Intelektual  or  rights  for 
intellectual  properties.  This  revision  is 
based on the Decree of the Minister of Law 
and  Legislation  of  the  Republic  of 
Indonesia Number M. 03.PR.07.10 of 2000 
and the Approval of the Minister of  State 
for Empowerment of State Apparatuses, in 
letter  Number  24/M/PAN/1/2000,  stating 
that  the  term  “Hak  Kekayaan  Intelektual” 
(without  the  word  “Atas”)  can  be 
abbreviated  as  “HKI”  and  the  acronym 
“HKI” has been officially used. Therefore, it 
is  no  longer  “Hak  Atas  Kekayaan 
Intelektual”  (with  the  word  “Atas”)  (Atsar, 
2018) 
Intellectual Property Rights is applied if 
human  intellectual  abilities  have  formed 
something that can be seen, heard, read, or 
used practically (Djumhana & Djubaedillah, 
2014).    Intellectual  Property  Rights  are 
classified as individual property rights that 
are  intangible  and  special  because  these 
rights are only given to the owner or holder 
of  the  right  in  question  for  a  particular 
period to obtain legal protection to publish, 
reproduce,  distribute,  and  other  works  of 
their  creation,  or  give  permission  to 
someone else to do it (Margono, 2015). 
Intellectual  Property  Rights  (IPR)  is 
essentially a right that arises as a result of 
human intellectual abilities in various fields 
that  produce  a  beneficial  process  or 
product  to  mankind    (Sutedi,  2009).  
Intellectual Property Rights is an exclusive 
right  within  the  scope  of  technology, 
science,  or  arts  and  literature.  The 
ownership is not related to the goods but 
the results of human intellectual ability and 

RR. Ella Evrita H| 393

creativity in the form of ideas or thoughts.

(Roisah, 2015)

IPR consists of several forms, which are

including trademarks and geographical

indications, patents, industrial designs,

integrated circuit layout designs, trade

secrets, and protection of plant varieties.

These forms of Intellectual Property Rights

are classified as individual Intellectual

Property Rights. Besides, there are

communal Intellectual Property Rights such

as traditional knowledge and traditional

cultural expressions which are still being

fought for to be recognized in the World

Trade Organization (WTO) by the World

Intellectual Property Organization (WIPO)

(May, 2006).

most commonly related to the expansion of

the creative industry. The current law that

regulates copyright is Law No. 28 of 2014

replacing Law No. 19 of 2002 concerning

Law No. 28 of 2014 concerning Copyright,

creator that emerges automatically based

on declarative principles following the

existence of works in tangible form.

Creation is any creative work in the fields of

science, art, and literature that is produced

on the inspiration, ability, thought,

imagination, speed, skill, or expertise

expressed in a tangible form (P. R.

Indonesia & Nomor, 28 C.E.)

The exclusive rights of copyright

include moral rights and economic rights.

Exclusive rights are those that can only be

used by the inventor or copyright holder.

Moral rights are rights that are eternally

attached to the inventor and cannot be

transferred as long as the inventor is still

alive. Moral rights are mentioned in Article

6 of the Berne Convention that The author

shall have the right to claim authorship of

the work and to object to any distortion,

mutilation, or other modification of, or

other derogatory action in relation to, the

said work, which would be prejudicial to his

honor or reputation (Suhl, 2001).

Moral rights are the personal rights of

the creators/authors to be able to prevent

changes to their works and to still be called

the creators of the works. Moral rights

describe the continuing relationship

between the creators and their works

although the economic control over the

works is no longer exists because they have

been fully handed over to the copyright

holders or have passed the period of

protection as stipulated in the Copyright

Law.

The Copyright Law regulates moral

rights in Articles 5 to 7. Based on Article 5

paragraph (1), moral rights are eternally

attached to the creators to:

a Continue to include or not include their

names on the copy related to the public

use of the Work;

b Use their alias or pseudonyms;

c Change their creations according to the

propriety in society;

d Change the title and sub-title of the

creation; and

e Defend their rights in the event of a

distortion, mutilation, and modification

of the work, or anything detrimental to

their honor or reputation.

Article 5 paragraphs 2 and 3 states that

moral rights cannot be transferred as long

as the creators are still alive, but the

394 | Copyright Protection for The Works of Sae Lecturers and Students in The Creative Media Field in

The Instant Gratification Era

exercise of the rights can be transferred by

a will or other reasons according to the

provisions of the legislation after the

creators die. In the event of a transfer of the

exercise of moral rights, the recipient may

release or refuse the exercise of their rights

provided that the release or rejection of the

exercise of the right is stated in writing

(Reglitz, 2020).

Based on Article 6 of the Copyright

Law, to protect the moral rights as referred

to in Article 5 paragraph (1), the Creators

may have copyright management

information; and/or copyright electronic

information. Then, Article 7 of the

management information includes

information on methods or systems that

can identify the originality of the substance

of the Works and their Creators;

information code and access code.

referred to in Article 6 letter b includes

information regarding:

1) A Work, which appears and is attached

electronically related to the activity of

Announcement of Works;

2) The creators’ names, alias or

pseudonyms;

3) The creators as Copyright Holders;

4) The period and conditions of use of the

Works;

5) Number; and

6) Information Code.

paragraph (1) and copyright electronic

information in paragraph (2) owned by the

Creators are prohibited from being

removed, changed, or damaged. Besides

moral rights, copyright also contains

economic rights. Economic rights are rights

to benefit from copyrighted works. Article

8 of the Copyright Law states that

economic rights are the exclusive rights of

the Creators or Copyright Holders to

receive economic benefits from the Works.

Furthermore, Article 9 of the Copyright Law

states that the Creators or Rights Holders

as referred to in Article 8 has the economic

rights to do:

a Publishing Works;

b Reproduction of Works in all its forms;

c Translation of Works;

d Adaptation, arrangement, or

transformation of Works;

e Distribution of Works or copies;

f Show of Works;

g Announcement of Works

h Communication of Works; and

i Rental of Works.

Any person exercising economic rights

as referred to in paragraph (1) is required

to obtain permission from the Creators or

Any person without permission from the

Creators or Copyright Holders is prohibited

from duplicating and/or commercially

using the works (Article 9 paragraph (3)).

Economic protection of copyright for

works in the form of photographic works,

portraits, cinematographic works, video

games, computer programs, the layout of

written works, translations, interpretations,

adaptations, anthology, data lines,

adaptations, arrangements, modifications,

and other works resulting from the

transformation, translation, adaptation,

arrangement, or modification of traditional

cultural expressions, a compilation of works

or data, both in a format that can be read

by computer programs or other media and

compilation of traditional cultural

RR. Ella Evrita H| 395

expressions on condition that the

compilation is an original work according

to Article 59 paragraph (1) of the Copyright

Law is valid for 50 years from the date it was

first announced. (AULIA, n.d.) said

Protection for works of applied art is valid

for 25 years from the first date of the

announcement.

Creative media education is a

vocational education that requires direct

practice in learning. Students are required

to create works every semester, both in

groups and individually. The outcomes of

the works produced of their learning are

significant, and they are often presented in

festivals and competitions to obtain awards

from national and international

communities. These works in the fields of

Audio Engineering, Film Production, Music

Business, and Interactive Animation, are not

yet works that can be commercialized and

are still in draft form to be developed

further. However, the ideas and creativity of

students and lecturers are aspects that

need to be protected (Council, 2003).

IPR regulates the protection of the

works of lecturers and students. Indeed, the

government has issued Copyright Law No.

28 of 2014 to replace the Copyright Law

No. 19 of 2002 whose positive impact can

be felt. However, it has not been associated

with vocational education institutions,

particularly the creative media field and

educational institutions like vocational

education in the creative media field. This

institution does not focus on protecting the

copyrights of students and lecturers, as well

as the education law. Therefore, the ideas

or creativity of students and lecturers have

not received appropriate protection

because they are still in the form of drafts

or designs (not yet in real form). This is in

line with the provisions of Article 1 point 1

of Law No. 28 of 2014 which states that

that arises automatically based on

declarative principles after a work is

manifested in a tangible form without

reducing the restrictions pursuant to the

provisions of laws and regulations (P. R.

Indonesia & Nomor, 28 C.E.).

CONCLUSION

Instant gratification is a practice of

avoiding short-term difficulties that have

the potential to lead to long-term

difficulties. As with technological

advancements that have a variety of

impacts on human life, the instant

gratification era generated by

technological advances can also bring

positive and negative impacts. The positive

impact of instant gratification is that people

can express their various ideas, creativity, or

visions in creative applications such as

YouTube, Tiktok, Instagram, writing

applications, and others. The negative

impact of instant gratification is the

increase in plagiarism of one's ideas or

creativity, including the work of lecturers

and students engaged in creative media.

IPR regulates the protection of the works of

lecturers and students. However, the ideas

or creativity of students and lecturers have

not received appropriate protection

because they are still in the form of drafts

or designs (not yet in real form). This is in

accordance with the provisions of Article 1

point 1 of Law No. 28 of 2014 (P. R.

Indonesia & Nomor, 28 C.E.).

396 | Copyright Protection for The Works of Sae Lecturers and Students in The Creative Media Field in 
       The Instant Gratification Era 
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