Mutilasi Karya Untuk Komersil Berdasarkan Undang-Undang Hak Cipta: Mutilation of Works for Commercial Purposes Under Law About Copyright

Rafdy Rashad Abimanyu (Program Studi Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)
Siti Nurbaiti (Program Studi Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)

Reformasi Hukum Trisakti
Vol 6 No 2 (2024): Reformasi Hukum Trisakti

Photography receives protection under Article 40 of copyright law. Mutilation of photography by PT Oyorooms to PT Duit Orang Tua poses a problem. The formulation of the problem is about how the mutilation of photographic works carried out by PT Oyorooms belonging to PT Duit Orang Tua based on Copyright Law, as well as how legal protection of photographic mutilation. The method used is normative, supported by secondary and primary data, analyzed qualitatively through deductive inference. The result of the discussion is that the mutilation of PT Duit Orang Tua's photographic work by PT Oyorooms violates Article 5 paragraph (1) letter E of the Copyright Law 28/2014. Legal protection is hampered due to the lack of details of damages in Article 113, with judges focusing more on Article 113 rather than the option of Article 99(2) to safeguard moral rights. The conclusion is that Copyright Law No. 28/2014 prohibits the mutilation of photographic works Article 5 paragraph (1) letter E. Economic rights related to compensation are regulated in Article 113 (3), with the option of Article 99 (2) if the amount of compensation cannot be explained. The offense of complaint allows photo owners to report mutilation.