Legal Protection for Revenge Porn Victim Using Copyright Law: A Comparative Study Between Indonesian and the United States of America

MICHELLE CHANDRA K, Irna Nurhayati, S.H.,M.Hum.,LL.M.,Ph.D

2020 | Skripsi | S1 HUKUM

ABSTRACT This research aims to examine (1) The possibility to enforce the protection of revenge porn under the Indonesian Copyright Law and (2) Should Indonesian Copyright Law protect revenge porn, as has been practiced by the U.S.. This research is carried out with normative descriptive and empirical research, thus collecting data from the existing applicable law, literatures and interviewing an expert in Intellectual Property, an analyst from Regional Ministry of Law and Human Rights in Yogyakarta, and 2 head officials from Indonesian Directorate General of Intellectual Property in Jakarta with qualitative and comparative approach. This study concludes with the possibility of the Indonesian Copyright Law as a solution in a normative way. However, with the existence of regulatory and moral limitations, this solution will be hardly enforced even though the regulatory limitation is not explicitly elaborated and the derogation of moral limitation has no clear sanction and does not cover the creation. Furthermore, this research recommends the Indonesian Copyright Law to protect revenge porn and be more open on copyright protection, because it is so unfortunate if all the possibilities provided by the Indonesian Copyright Law toward revenge porn victim cannot be used effectively because of those limitations.

ABSTRACT This research aims to examine (1) The possibility to enforce the protection of revenge porn under the Indonesian Copyright Law and (2) Should Indonesian Copyright Law protect revenge porn, as has been practiced by the U.S.. This research is carried out with normative descriptive and empirical research, thus collecting data from the existing applicable law, literatures and interviewing an expert in Intellectual Property, an analyst from Regional Ministry of Law and Human Rights in Yogyakarta, and 2 head officials from Indonesian Directorate General of Intellectual Property in Jakarta with qualitative and comparative approach. This study concludes with the possibility of the Indonesian Copyright Law as a solution in a normative way. However, with the existence of regulatory and moral limitations, this solution will be hardly enforced even though the regulatory limitation is not explicitly elaborated and the derogation of moral limitation has no clear sanction and does not cover the creation. Furthermore, this research recommends the Indonesian Copyright Law to protect revenge porn and be more open on copyright protection, because it is so unfortunate if all the possibilities provided by the Indonesian Copyright Law toward revenge porn victim cannot be used effectively because of those limitations.

Kata Kunci : Copyright, Legal Protection, Revenge Porn, Victim