Politik Hukum Hak Cipta untuk Karya yang Dihasilkan oleh Artificial Intelligence: Studi Komparasi antara Indonesia, Amerika Serikat, dan Tiongkok
Zhang Yike, Dina W. Kariodimedjo, S.H., LL.M., Ph.D.
2025 | Tesis | S2 Magister Hukum
This research aims to describe and analyze the comparative legal policy of copyright law for works generated by Artificial Intelligence in Indonesia, the United States, and China. Additionally, the study seeks to examine the ius constituendum of Indonesian copyright law with regard to AI-generated works.
This research is a normative juridical research, based on the applicable laws and regulations. The research is descriptive-analytical in nature. The data used includes primary legal materials, secondary legal materials, and tertiary legal materials, complemented by interviews with experts in the field of copyright law.
The findings show that Indonesia, the United States, and China share similarities in terms of copyright law objectives and the shared position that Artificial Intelligence cannot be recognized as a subject of copyright. Both the United States and China demonstrate consistency in emphasizing that human contribution is a fundamental requirement for establishing the originality of a work in order to receive copyright protection. The difference lies in the approach: the United States adopts a strict standard in determining originality, whereas China takes a more flexible stance by allowing interpretive space through judicial practice to assess the originality of works generated with the assistance of Artificial Intelligence. The ius constituendum of Indonesian copyright law for AI-generated works should be formulated in an adaptive and contextual manner without requiring a revision of the Copyright Law. This can be achieved through the development of implementing guidelines that clarify the human intellectual contribution as a requirement for originality in works created using Artificial Intelligence as a tool in the creation process
Kata Kunci : Hak Cipta, Artificial Intelligence, Politik Hukum, Ius Constituendum