Legalitas Hak Cipta Atas Konten Eksploitasi Anak Dalam Media Sosial Tiktok

Abstract

The development of social media is very rapid because everyone wants to have their own media. TikTok as an entertainment application is currently very popular among Indonesian teenagers aged 13 to 21 years. TikTok also has a positive impact on teenagers that many people may not know about. On the basis of economic benefits, Tiktok users produce videos that use children, especially children with disabilities as actors with the aim of getting appreciation from the audience in the form of comments and likes on the video.

This study aims to find out how the legality of copyright for child exploitation content in Tiktok media is. The research method used by the author is normative legal research or so-called normative law research. Normative legal research is a form of legal research that uses normative case studies in the form of searching for forms of legal behavior such as the study of laws.

The results of the research conducted by the author show that the legality of copyright must meet several conditions that have been regulated in Law Number 28 of 2014 concerning copyright, namely automatically based on declarative principles, creations are realized in real form and do not conflict with laws and regulations. For child exploitation videos uploaded to the Tiktok application, it is mutatis mutandis against Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning child protection. The law prohibits exploitation of children in the form of economic, social and sexual exploitation. For this action, a person will receive criminal sanctions. Thus, videos of child exploitation on Tiktok media will not get copyright, because they do not meet the conditions and do not conflict with statutory regulations.