Rekonstruksi Pertanggungjawaban Hukum Atas Pelanggaran Hak Cipta pada Illegal Streaming Website

Abstract

The development of digital technology has brought significant changes to the patterns of consumption of copyrighted works, particularly in the fields of film and digital broadcasting. This advancement has been accompanied by the proliferation of illegal streaming websites, which massively infringe copyright and cause substantial economic losses to the creative industry. This research aims to analyze the effectiveness of the legal provisions under Law No. 28 of 2014 on Copyright in addressing infringements committed by the proliferation of illegal streaming websites through digital technology, as well as to formulate a reconstruction of its regulatory framework to make it more adaptive to digital developments. Specifically, this study seeks to examine the legal liability of illegal streaming website operators for copyright infringement within the context of Indonesian law, to explore the evolution of legal liability constructions for copyright infringement in Indonesia and other jurisdictions such as the United States, the European Union, and Japan, and to identify the reasons why the Indonesian legal system has yet to provide adequate copyright protection against infringements committed by illegal streaming website operators. This dissertation uses the normative legal research method with analytical perspective by prioritizing secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. This research data is supported by primary data obtained from field research through interviews with government institutions, agencies, and relevant associations. The research approach is a statutory approach, a conceptual approach, case approach, and comparative approach. The findings indicate that the legal liability of illegal streaming website operators within the Indonesian legal system is multidimensional, involving administrative, civil, and criminal aspects. The Indonesian legal framework has not yet provided optimal protection in addressing copyright infringements, particularly those committed by illegal streaming website operators. This limitation arises from the fact that copyright infringement in Indonesia is still classified as a complaint-based offense (delik aduan), preventing law enforcement authorities from taking proactive measures without a formal report from the copyright holder. The study emphasizes the necessity of policy reform to amend the provisions of the Copyright Law to transform copyright offenses into mixed offenses (delik kombinasi), harmonize copyright regulations, and align legal norms with the rapid evolution of the digital environment, especially in the field of copyright protection.