Analisis Yuridis Penyedia Layanan Konten Penyiaran Berbasis Internet dengan Layanan Konten melalui TV dan Radio (Studi Putusan Mahkamah Konstitusi Nomor 39/PUU-XVIII/2020)

Abstract

Along with the times, broadcasters use internet-based media to disseminate their broadcasts. However, there is a problem that was requested in the Constitutional Court Decision Number 39/PUU-XVIII/2020, where the entrepreneur who is engaged in the broadcasting business using radio frequency spectrum requests that the Broadcasting Law be imposed not only on broadcasting using a frequency spectrum but also against providers. internet-based broadcasting content services. The formulation of the problem in this research is how the supervisory authority between internet-based broadcasting content service providers and broadcasting content service providers through the radio and TV frequency spectrum, how is the juridical analysis of the responsibility between Internet-based broadcasting content service providers and broadcasting content service providers through the spectrum. radio and TV frequencies for broadcast content, and how to analyze the judge's legal considerations in the Constitutional Court Decision Number 39/PUU-XVIII/2020 on the different treatment between internet-based content service providers and broadcasting content service providers through radio and TV frequency spectrum. This research is a normative legal research (normative juridical). The data used is secondary data collected by library research and supported by primary data in the form of interviews with informants. All data were analyzed by qualitative data analysis method.Based on this research, it is concluded that the supervisory authority of internet-based broadcasting content service providers is not regulated in the ITE Law nor in the Broadcasting Law, so that the broadcasting behavior guidelines regulated in the Broadcasting Law and derivative regulations issued by KPI cannot reach broadcasts on social media platforms. Meanwhile, the broadcasting content service provider through the radio and tv spectrum is carried out by the Indonesian Broadcasting Commission (KPI) which is given the authority to supervise broadcasting institutions.