Ni Luh Putu Suliastini Anggraeni
Universitas Ngurah Rai

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Pengaturan Hak Ekonomi Atas Potret dalam Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta Ni Luh Putu Suliastini Anggraeni; I Wayan Putu Sucana Aryana; I Gede Mahatma Yogiswara Winatha
Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora Vol. 6 No. 3 (2026): September: Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora
Publisher : AMIK Veteran Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/khatulistiwa.v6i3.13256

Abstract

The advancement of digital technology has transformed the portrait from a mere photographic work into an object of economic value utilized in various commercial activities. This situation raises legal issues regarding the protection of the creator's economic rights and the personal rights of the portrait's subject, particularly because the regulations in Law Number 28 of 2014 concerning Copyright do not yet fully accommodate the evolving use of portraits in the digital era. The research questions addressed are: what is the nature of economic rights regarding a portrait, and how are these economic rights regulated under Law Number 28 of 2014 concerning Copyright? This study employs a normative-juridical research method that is descriptive-analytical in nature, utilizing both statutory and conceptual approaches. Legal materials comprising primary, secondary, and tertiary sources were gathered through literature review, analyzed qualitatively, and presented descriptively. The findings indicate that economic rights over a portrait constitute the creator's exclusive right to derive economic benefits through commercial use; however, the exercise of these rights must respect the subject's personal rights specifically through consent as a safeguard for privacy and personal identity. The provisions in Article 12 of Law Number 28 of 2014 concerning Copyright limit commercial use to publicity and advertising purposes, thereby failing to accommodate various forms of portrait commercialization in the digital era, such as sales via digital platforms, social media content monetization, and other digital applications. This situation creates a regulatory gap, necessitating a revision of the regulations to ensure greater legal certainty and comprehensive protection.