Perlindungan Hukum Atas Harta Pribadi Influencer yang Masih di Bawah Umur

Abstract

The phenomenon of the existence of young influencer is closely related to the emergence of technology and consumerism. Technological development brings about social media platforms such as Instagram, YouTube, Twitter, and Tiktok. The research problems are as follows: how about the management of personal property of a minor according to the Indonesian law, how about the legal relation of underage influencer to his services, and how about the legal protection for underage influencer.

The research used juridical normative method with descriptive analytic approach. The data consisted of secondary data which were gathered by conducting library research and documentary study. The gathered data were analyzed by using qualitative method.

Managing a minor's personal property, according to the Indonesian laws, is found from Article 33 to Article 35 of Law No. 35/2014 on the Amendment of Law No. 23/2002 on Child Protection, and Article 50 and Article 51 of Law No. 1/1974 on Marriage. These Articles state that a minor's personal property has to be managed and supervised by the valid parents or guardians. The management consists of two aspects: if the property comes from his work or from his own efforts, it is considered as belonging to him. However, if the parents or the guardians are not able to do their obligation, the court will appoint another person who will take care of the property. The legal relation between an underage influencer and his service giver is that he has different legal status from an adult influencer. In this case, the service giver or the sponsor has the responsibility to ensure that he is subject to the applicable regulations in making the contract or mutual agreement with an underage influencer. Moreover, he has to obey the applicable Lane on Child Protection, including paying salary or compensation to the underage influencer. The legal protection for an underage influencer's personal property is included in the legal protection for a minor's personal property. The protection includes the guardian who is required to protect a minor's personal property. A minor usually has a guardian who usually has to the responsibility to protect minor's property. An underage influencer can also be protected through a contract with the sponsors or a company which cooperates with him. This contract can ensure that an influencer's rights are kept well and that he is not exploited. Law provides legal protection for these righes and it imposes a sunction upon anyone who violates it