PERLINDUNGAN HUKUM ATAS KARYA DESAINER GRAFIS DI INSTAGRAM DALAM PERSPEKTIF HUKUM ISLAM

Ahmad Ainur Roziqin, NIM.: 15380037 (2022) PERLINDUNGAN HUKUM ATAS KARYA DESAINER GRAFIS DI INSTAGRAM DALAM PERSPEKTIF HUKUM ISLAM. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The rapid development of the internet in this digital era is recognized as bringing convenience to everyone. In addition to bringing a positive impact, this convenience can also be a negative impact that can be a loophole for crime that can harm others. This also has an impact on the creative industry which can be a threat to the existence of copyright protection on the internet. Violations that occur can clearly harm the creator and copyright holder because they have injured economic rights and moral rights. Although legally copyright protection is regulated in Law Number 28 of 2014 concerning Copyright, especially if it is combined with the ITE Law. And the MUI Fatwa Number 1 of 2005 concerning the Protection of Intellectual Property Rights, but the majority of the people do not know about it. Based on this, the authors will raise the subject matter of 1) The effectiveness of Law Number 28 of 2014 concerning Copyright in protecting economic rights and moral rights for the works of graphic designers. 2) What problems occur in the application of Law Number 28 of 2014 concerning Copyright and Islamic legal views 3) Legal remedies that can be taken by creators and copyright holders to protect their creations. This type of research is normative-empirical research with a statutory approach. While the data analysis used is descriptive analytic. In collecting data, the compiler used the interview, observation, and literature study methods. The theory used in this study is the theory of Intellectual Property Rights and Copyright. The results show that although Law Number 28 of 2014 concerning Copyright does not specifically mention protection for graphic design copyrights, in some sectors the application of the law is quite good and effective in protecting against all forms of infringement that occur. In general, graphic design works can be spread across several categories of protected creations, for example images, beautiful writing, art motifs and many others that have aesthetic value. According to Islamic law, copyright is categorized as a form of private ownership (milkiyyah al-fardiyyah), as part of ownership of an object. So that any act of copyright infringement without the permission of the legal owner is unlawful.

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