COMPARISON OF DIGITAL COPYRIGHT REGULATIONS: DMCA SECTION 512 AND 1201 VS LAW NO. 28 OF 2014

Abstract

This article discusses the regulation and protection of digital copyright
under the United States Digital Millennium Copyright Act (DMCA)
Sections 512 and 1201, and compares these provisions with Indonesia
Copyright Law No. 28 of 2014. The main question guiding this research in
Indonesia’s digital copyright protection. The study plays a critical role in
bridging the gap between international copyright standards and Indonesian legal frameworks, highlighting the relevance of adaptive measures in the digital environment. The research uses a normative legal method, applying a statutory and comparative approach to examine both regulatory frameworks. Data shows that the DMCA impelements adaptive digital copyright protection through mechanisms like notice-and-takedown procedures, safe harbor provisions for online service providers, and prohibitions on circumventing technological protection measures. The article discusses these findings by critically anlyzing both legal texts and their respective anforcement practices, showing that the DMCA’s frameworks align more closely with the needs of digital content protection. The main finding is that the DMCA’s provisions can serve as a relevant reference for Indonesia in formulating and enhancing its own digital copyright regulations to better address challenges posed by technological advances and the digital marketplace. Overall, this study to the ongoing discourse on improving copyright protection in the digital era through
international legal comparison.