Tinjauan Hukum Pelanggaran Hak Cipta Terkait Dugaan Pembajakan Film The Big 4 di Situs Konten Ilegal

Abstract

Films, as cinematographic works, are part of Intellectual Property Rights that hold both economic and moral value, yet they are highly vulnerable to piracy, especially through illegal sites such as Layarkaca21 (LK). Although Law Number 28 of 2014 concerning Copyright provides legal protection, violations remain rampant due to low public awareness and weak digital law enforcement. The case of the piracy of the film The Big 4 demonstrates that copyright holders, such as Netflix and Frontier Pictures, suffer significant losses due to illegal, unlicensed distribution. The issues to be discussed include how copyright is regulated in terms of film distribution licensing, the legal consequences of the alleged piracy of The Big 4 on illegal content sites, and a legal review of copyright infringement related to the alleged piracy of The Big 4 on illegal content platforms. This research uses a normative juridical method by examining secondary data consisting of primary, secondary, and tertiary legal materials. The data collection technique and instrument used is library research, while data analysis is conducted qualitatively using a deductive reasoning method. The study finds that the regulation of film distribution licensing aims to protect copyright and ensure that distribution is carried out lawfully through written licensing mechanisms, registration with the Ministry of Law and Human Rights, and the obligation to obtain a STLS (Censorship Certificate) and a business license. The piracy of The Big 4 by the illegal site LK constitutes copyright infringement violating Articles 9 and 113 paragraph (3) of the 2014 Copyright Law, as well as Article 1365 of the Indonesian Civil Code, and may be subject to criminal sanctions of up to four years in prison and/or a maximum fine of one billion rupiah, along with civil sanctions in the form of compensation. Losses are not only suffered by copyright holders such as Netflix Studio and Frontier Pictures, but also by the state and the public. Liability for this piracy includes both civil and criminal responsibility, while dispute resolution can be pursued through litigation or alternative means such as negotiation, mediation, and conciliation.