PERTANGGUNGJAWABAN HUKUM TELEGRAM TERHADAP UNGGAHAN FILM BAJAKAN MELALUI PUBLIC CHANNEL

Abstract

Telegram is a form of an electronic system operator who is responsible for the operation of the electronic system. The research approach is carried out using a doctrinal approach that contains a normative character which aims to examine two main topics of discussion, namely analyzing the form of Telegram's legal violations against pirated film uploads and Telegram's legal liability related to piracy of copyrighted films through the Telegram application. The results of the study indicate that the form of legal violation by Telegram is that the implementation of its electronic system has caused losses to copyright holders whose economic rights have been violated. Telegram's legal responsibility is to ensure that its electronic system does not contain documents that are prohibited in this case being pirated films uploaded through Telegram's Public Channel. As stated in Article 5 of the Government Regulation of the Republic of Indonesia Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions in article 5 paragraph (1) which states that the electronic system operator is obliged to ensure that the electronic system does not contain electronic documents that are prohibited in accordance with the provisions of the law, and it is also stated in paragraph (2) that the electronic system operator must ensure that the electronic system does not facilitate the dissemination of electronic information and/or electronic documents that are prohibited in accordance with the provisions of the legislation.