| dc.description.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. | en_US |
