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All Journal DOKTRINA: JOURNAL OF LAW
Gabriel Tololiu, Yudi
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Law, Crime, Criminology & Criminal Justice

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Hak Konstitusional Terkait Hak Ekonomi Pencipta dan Pelaku Pertunjukan Berdasarkan UU No. 28 Tahun 2014 tentang Hak Cipta Gabriel Tololiu, Yudi; Tri Srilaksmi, Ni Ketut; Adi Susila, I Nyoman
DOKTRINA: JOURNAL OF LAW Vol. 8 No. 2 (2025): Doktrina:Juornal of Law Oktober 2025
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v8i2.15673

Abstract

This study discusses how the constitutional rights related to the economic rights of creators and performers are regulated under the Copyright Law, and how the future regulations (ius constituendum) will be regulated regarding the economic rights of creators and performers. This study is a normative legal study using a statute approach and a case approach. Based on the results of the analysis, constitutional rights related to the moral rights and economic rights of creators have been regulated in Article 5 paragraph (1) and Article 9 paragraph (1) of the Copyright Law, while the economic rights of performers are regulated in Article 23 of the Copyright Law. However, in the case of performers using other people's creations commercially, there are differences in the regulations in the Copyright Law regarding the economic rights that must be paid to the creator. Article 9 paragraph (3) essentially states that anyone who wants to use a work of creation commercially must first obtain the creator's permission, but Article 25 paragraph (3) sets this aside because by paying compensation through LMK it is considered to have obtained permission from the copyright holder.
Co-Authors I Nyoman Adi Susila Tri Srilaksmi, Ni Ketut