ANALISIS YURIDIS PERLINDUNGAN HUKUM MENGENAI HAK TERKAIT PELAKU PERTUNJUKAN BERKAITAN DENGAN PENAYANGAN FILM MELALUI APLIKASI TELEGRAM

Abstract

The rapid advancement of digital technology has led to an increase in violations of related rights held by performers in films, particularly through the Telegram platform, which facilitates the illegal distribution of films without authorization. This study aims to analyze the forms of legal violations against performers’ related rights through the Telegram application and to formulate appropriate legal protections based on the applicable regulations. This research employs a normative juridical method using statutory and conceptual approaches, and it relies on primary and secondary legal materials analyzed qualitatively. The findings indicate that broadcasting films through the Telegram application without the consent of the related rights holders constitutes an unlawful act, as regulated in Article 1365 of the Indonesian Civil Code and Article 9 paragraph (1) in conjunction with Articles 95 and 99 of Law No. 28 of 2014 on Copyright. Such actions harm performers who hold economic rights to the cinematographic works in which they appear. Legal protection for performers can be pursued through civil lawsuits for damages and through the termination of illegal distribution via commercial courts. In addition, there is a need to strengthen regulation and digital supervision to prevent the misuse of messaging-based applications for the illegal distribution of films.