Regulation on Broadcasting Rights in Indonesia Based on Law No. 28 of 2014 on Copyright and Law No. 32 Of 2022 on Broadcasting

Abstract

Infringements of broadcast rights and the State's obligation to protect broadcast rights in relation to copyright should be supported by a legal infrastructure that can reduce broadcast rights infringement. The legal instruments should be able to serve as a basis for certainty and legal protection of broadcast rights, especially those related to the copyright in the digital transformation era. This paper aims to discover the legal principles of broadcast rights related to copyright, explore and conceptualize the content protection of broadcasting institutions in the Copyright Law in conjunction with the Broadcasting Law in conjunction with the Job Creation Law, as well as formulate the legal protection of broadcast rights in the era of digital transformation. This study adopts a normative juridical approach with descriptive analysis research specification. The authors conduct a document study (library research) to obtain the data that are then analyzed qualitatively. The findings are as follows: First, the legal principles of broadcasting rights related to broadcasting institutions are the principle of justice. This principle focuses on the material and immaterial works that investors are entitled to receive. In addition, the economic principle can also be attached by emphasizing the ownership of useful economic value and expressed in various forms to the public, which is one of the principles of intellectual property with a remuneration scheme. Second, the protection of Broadcaster Content Under the Copyright Law in conjunction with the Broadcasting Law in conjunction with the Job
Creation Law is in accordance with Article 25 paragraph (2) letter a of Law No. 28 of 2014 on Copyright and Article 43 of
Law No. 32 of 2002 on Broadcasting stating that it is mandatory to obtain a license from Broadcasting Institution as the
economic rights holder of the broadcast. On the other hand, the Job Creation Law seeks to provide protection in the form of
optimal broadcasting products to the public for existing broadcasts, both in terms of the government as a regulator and
Broadcasting Institutions as broadcasters. The Job Creation Law is positioned to make existing broadcasts feasible to be
enjoyed on the basis of technological advances so that technological advances can be enjoyed by all levels of society across
Indonesia. Third, the concept of legal protection of broadcasting rights in the era of digital transformation is laws and
regulations that place the law to function and play a role not only as a basis for certainty and order but also as an accelerator
and director for Indonesia's transformation into Industry 5.0, so that the remuneration approach protects the economic rights
of creators more effectively than the absolute exclusive rights approach.