Perlindungan Hak Cipta Koreografi Seni Tari Tradisional Terhadap Pelanggaran Hak Moral dan Hak Ekonomi Terkait Cover Dance di Aplikasi TikTok
Affifah Fatma Dewi, Dr. Hariyanto, S.H., M.Kn
2023 | Tesis | S2 Magister Hukum
This study aims to analyze comprehensively related to the protection of traditional dance choreography in Law Number 28 of 2014 concerning Copyright (UUHC). The author outlines the forms of violations of moral rights and economic rights committed by traditional dance dance cover content creators and describes the protection and accountability of the TikTok application.
This research is an Empirical Normative research, therefore in this study data is obtained through field studies and literature studies. In primary data, obtained through field research and conducted by interviewing respondents and resource persons. Secondary data are obtained through literature studies such as legislation, books, journals, legal dictionaries. The analysis of this research is carried out qualitatively and produces descriptive analytical outputs.
The results showed that legal protection for traditional dance was provided through the mandate of Article 38 paragraph (4) of the UUHC, then the government stipulated Government Regulation of the Republic of Indonesia Number 56 of 2022 concerning Communal Intellectual Property (KIK). TikTok content creators perform traditional dance dance covers but ignore UUHC and PP KIK and there is a violation of moral rights and economic rights. The author provides a solution, namely: socialization, data collection of art in the regions, further regulations need to be made in terms of profit sharing related to profit sharing based on royalties for digital media is expected to become a stronger protection forum after the issuance of PP KIK. Content creators of traditional dance dance covers should mention the origin of the community and ask permission from the original community, and share the economic benefits obtained with the original community. The TikTok application through its representatives based in Indonesia should synergize with the Indonesian government in copyright protection which also includes communal intellectual property, must provide supervision and add terms of service to the TikTok application related to KIK to application users, especially to avoid copyright infringement.
Kata Kunci : Hak Cipta, Tari Tradisional, Hak Moral, Hak Ekonomi