DOKTRINA: JOURNAL OF LAW
Vol. 8 No. 2 (2025): Doktrina:Juornal of Law Oktober 2025

Hak Konstitusional Terkait Hak Ekonomi Pencipta dan Pelaku Pertunjukan Berdasarkan UU No. 28 Tahun 2014 tentang Hak Cipta

Gabriel Tololiu, Yudi (Unknown)
Tri Srilaksmi, Ni Ketut (Unknown)
Adi Susila, I Nyoman (Unknown)



Article Info

Publish Date
29 Oct 2025

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.

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Journal Info

Abbrev

doktrina

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Doktrina : Journal Of Law is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, ...