JHSS (Journal of Humanities and Social Studies)
Vol. 10 No. 01 (2026): JHSS (Journal of Humanities and Social Studies) (SI)

Protection of Intellectual Property Rights from the Perspective of the Business Competition Supervisory Commission: A Comparative Analysis of Indonesia and Korea in the Case Study of Illit’s Plagiarism Against NewJeans

Siti Resna Dwi Apriliyana (Universitas Nusa Putra, Sukabumi, Indonesia)
Nuchraha Alhuda Hasnda (Universitas Nusa Putra, Sukabumi, Indonesia)



Article Info

Publish Date
30 May 2026

Abstract

The contemporary music industry has transformed into an ecosystem based on concepts, visual identity, and brand image with high economic value. The practice of musician imitation, including the imitation of group concepts, choreography, visual style, and brand identity, is difficult to address under conventional copyright law, which protects only expression and not ideas. The main legal issue is whether the imitation of creative concepts that are not protected by copyright can be categorized as unfair business competition. This study uses a normative legal research method with statutory, conceptual, case, and comparative approaches. The results show that South Korea, through the Unfair Competition Prevention Act (UCPA) and the Monopoly Regulation and Fair Trade Act (MRFTA), has adopted a progressive legal framework that protects “substantial investment and effort” in creating brand identity, as demonstrated in the Seoul Court decision on the ILLIT vs NewJeans dispute in February 2026, which fulfilled three elements of unfair competition: confusion, parasitic copying, and misappropriation of trade secrets. In contrast, Indonesia still relies on a narrow copyright approach under Law No. 28 of 2014, Article 41, and Law No. 5 of 1999 on Business Competition, which has not specifically regulated concept imitation. This study recommends the reformulation of Law No. 5 of 1999, the strengthening of the role of the Business Competition Supervisory Commission (KPPU), and the preparation of plagiarism guidelines as a form of preventive protection for Indonesian musicians.

Copyrights © 2026






Journal Info

Abbrev

JHSS

Publisher

Subject

Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

JHSS (Journal of Humanities and Social Studies) is a journal that publishes scientific papers in the field of humanities and social studies. This Journal, run by Lembaga Penelitian dan Pengabdian Pada Masyarakat, Universitas Pakuan, Bogor. The Journal provides opportunities for scholars to submit ...