Penerapan Digital Rights Management (DRM) Dalam Pelindungan Hak Cipta Dari Jual-Beli Layanan Premium Melalui Pihak Ketiga Pada Aplikasi Spotify Berdasarkan Undang-Undang Nomor 28 Tahun 2014
Rossalia, Laurensia Andrini, S.H., L.LM., Ph.D
2026 | Tesis | S2 Magister Hukum
The Copyright Law regulates digital protection through concepts that substantially reflect DRM, although without explicitly using the term and without providing comprehensive implementation guidelines. This gap is evident in the widespread practice of third-party sales of Spotify premium services, which contravenes copyright provisions and the platform’s terms of use. This condition demonstrates weak harmonization between the Copyright Law and the Electronic Information and Transactions Law in establishing preventive and repressive measures in the digital domain. This study analyzes the regulation and implementation of DRM in the protection of digital copyrighted works on premium services as a basis for formulating more coherent policy reforms that ensure legal certainty. This study employs a normative legal research method using statutory, historical, and case-based approaches. The data utilized consist of secondary data, namely primary, secondary, and tertiary legal materials obtained through literature review and interviews. The data were analyzed qualitatively using a descriptive approach to illustrate and explain the subject and object of the research. The results of the analysis are presented in systematically, clearly, and thoroughly structured sentences to derive conclusions regarding the issues examined in this study. The findings of this research are divided into two main parts. First, the provisions on DRM in the Copyright Law through Articles 52 and 7 regulate Technological Protection Measures and Rights Management Information as preventive instruments, yet they do not provide clear guidelines regarding the relationship between users and digital platforms in the granting of licensed access. Second, the implementation of DRM by Spotify is essentially aligned with the Copyright Law, but a lack of synchronization exists because the authority to terminate access lies with the Ministry of Communication and Digital Affairs (Kemkomdigi), not with the platform, resulting in a misalignment between state policy and the protection practices carried out by digital service providers. This fragmentation between private mechanisms and public authority creates legal uncertainty, as Spotify’s DRM measures have not fully obtained normative legitimacy within the national legal system.
Kata Kunci : Digital Rights Management (DRM), Spotify, Hak Cipta, Digital.