Implikasi Hukum Pelanggaran Hak Cipta atas Karya Musik di Platform Media Sosial: Studi Kasus Penggunaan Tanpa Izin

Abstract

The development of digital technology and the popularity of social media have facilitated the dissemination of musical works, yet they have also triggered widespread copyright infringement. The use of musical works as background for video content by users on platforms such as TikTok, Instagram, and YouTube without permission from the creators or copyright holders has become a common phenomenon, raising legal issues. This research aims to analyze the forms of copyright infringement of musical works on social media and its legal implications for infringers under Law Number 28 of 2014 concerning Copyright. The research method employed is normative juridical with a statute approach and a case study approach. The findings indicate that the unauthorized use of music for both commercial and non-commercial purposes on social media constitutes an infringement that violates the economic and moral rights of the creator. Legally, perpetrators can be subject to civil sanctions in the form of claims for damages and/or criminal penalties. However, in practice, law enforcement faces significant challenges due to the massive number of violations, difficulties in identifying perpetrators, and low public legal awareness. Therefore, a synergy between public education, the responsibility of digital platforms, and more adaptive licensing mechanisms is required.