Legal Protection of the Moral Rights of National Film Creators Uploaded Without Permission on TikTok Social Media

Introduction: The development of technology in this era has certainly made many platforms created, one of which is TikTok. Film is one of the copyrighted works that is included in the category of cinematographic works protected by Law Number 28 of 2014 concerning Copyright. On this platform, users can upload a variety of content from the results of user creativity.Purposes of the Research: Analyzing the legal protection of the moral rights of national film creators uploaded without permission on TikTok social media.Methods of the Research: The research method used is normative research, statutory approach, primary and secondary legal materials and material collection procedures using literature studies. the approaches used are: statute approach, conceptual approach, and casus approach. The technique of searching for legal materials uses document study techniques, and analyzes the study using qualitative analysis.Findings of the Research: Research shows that protection related to the moral rights of national film creators uploaded on the TikTok application without the creator's permission is by providing sanctions to violators as contained in Law Number 28 of 2014 concerning Copyright and related to the settlement of moral rights disputes for national film creators uploaded without permission can be done in two ways, namely litigation and non-litigation. For the litigation route, the dispute can be resolved in court, while for non-litigation, the settlement can be through alternative dispute resolution which includes mediation, conciliation and negotiation and the most effective settlement in this problem is through the litigation route so that it can have a deterrent effect.

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Publication Details

Journal
TATOHI Jurnal Ilmu Hukum
Published
2025-05-31
DOI
https://doi.org/10.47268/tatohi.v5i3.3156
Primary Topic
Islamic Finance and Communication
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal Protection of the Moral Rights of National Film Creators Uploaded Without Permission on TikTok Social Media

Theresia Nolda Agnes Narwadan, Muchtar Anshary Hamid Labetubun, Vivi Talaperuw
TATOHI Jurnal Ilmu Hukum
Islamic Finance and Communication
article

Legal Protection of the Moral Rights of National Film Creators Uploaded Without Permission on TikTok Social Media

Theresia Nolda Agnes Narwadan, Muchtar Anshary Hamid Labetubun, Vivi Talaperuw
article en

Abstract

Introduction: The development of technology in this era has certainly made many platforms created, one of which is TikTok. Film is one of the copyrighted works that is included in the category of cinematographic works protected by Law Number 28 of 2014 concerning Copyright. On this platform, users can upload a variety of content from the results of user creativity.Purposes of the Research: Analyzing the legal protection of the moral rights of national film creators uploaded without permission on TikTok social media.Methods of the Research: The research method used is normative research, statutory approach, primary and secondary legal materials and material collection procedures using literature studies. the approaches used are: statute approach, conceptual approach, and casus approach. The technique of searching for legal materials uses document study techniques, and analyzes the study using qualitative analysis.Findings of the Research: Research shows that protection related to the moral rights of national film creators uploaded on the TikTok application without the creator's permission is by providing sanctions to violators as contained in Law Number 28 of 2014 concerning Copyright and related to the settlement of moral rights disputes for national film creators uploaded without permission can be done in two ways, namely litigation and non-litigation. For the litigation route, the dispute can be resolved in court, while for non-litigation, the settlement can be through alternative dispute resolution which includes mediation, conciliation and negotiation and the most effective settlement in this problem is through the litigation route so that it can have a deterrent effect.

TATOHI Jurnal Ilmu HukumVol. 5(3)
University of Pattimura (ID)
Openalex Percentile: Top 83%
Islamic Finance and Communication
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