Journal of Law and Nation
Vol. 2 No. 3 (2023): AGUSTUS

ANALISIS HUKUM TERHADAP PELANGGARAN HAK CIPTA PENGGUNA MEDIA SOCIAL APLIKASI TIKTOK DITINJAU MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

Sumarjo Makitulung (Program Magister Ilmu Hukum Universitas Nasional, Jakarta, Indonesia.)
Arrisman Arrisman (Universitas Nasional, Jakarta, Indonesia)



Article Info

Publish Date
30 Aug 2023

Abstract

The use of the TikTok application in practice reaps pros and cons, because the TikTok application has a feature for uploading songs using songs from the application users themselves, which sometimes users do not do permission for the songs uploaded to the application. The problems in this research are How to identify copyright infringement by users of the TikTok application?, What is the legal protection for creators/copyright holders in the event that their songs are used in the TikTok application without approval according to Law Number 28 of 2014 concerning Copyright?, What is accountability? law on TikTok application users for copyrighted songs used in the TikTok application without the consent of the creator/copyright holder according to Law Number 28 of 2014 concerning Copyright?. The research method used is the juridical normative method, namely the researcher will analyze based on secondary data which includes laws and books. The results of the research show that the identification of copyright infringement by users of the TikTok application according to Law Number 28 of 2014 concerning Copyright, namely violating moral rights and economic rights. Legal protection for creators/copyright holders in the event that their song is used in the TikTok application without approval according to Law Number 28 of 2014 is that the copyright holder has the right to take legal action through litigation/court and non-litigation/settlement outside the court. These legal efforts are criminal and civil legal efforts. The legal responsibility of TikTok application users for copyright infringement in the TikTok application according to Law Number 28 of 2014 can be distinguished in the criminal and civil domains.

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Journal Info

Abbrev

joln

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal of Law and Nation (JOLN) focuses on literature and field studies on law-related matters. The scope is related to legal theory, E-Commerce law, Legal and Deductive Reasoning, International Law, Constitutional Law, Contract Law, administrative law, International Law environment, Money theft, ...