UNDERGRADUATE THESIS LEGAL PROTECTION FOR PORTRAIT OBJECTS COMMERCIALIZED ON PHOTO MARKETPLACE (FOTOYU)

RIFQI AIMAN (B011201366) with the title “LEGAL PROTECTION FOR PORTRAIT OBJECTS COMMERCIALIZED ON PHOTO MARKETPLACE (FOTOYU) under the guidance of Oky Deviany as the main supervisor
This research aims to examine the legal position of a person who becomes an object in a portrait which is then commercialized in a photo marketplace without the person's permission and the form of protection that can be given to a person who becomes the object of the portrait.
This research uses normative research methods by examining legislation, legal literature reading materials, and previous studies, which will then be further reviewed through a statutory approach and conceptual approach to obtain clear and clear research results.
The results of this study are (1) The use of an individual’s portrait by a photographer, regardless of its personal or commercial application, is subject to the photographer’s rights as the creator. However, this use is contingent upon obtaining prior consent from the portrait subject. This authorization requirement serves as a protection for the subject’s privacy rights, which are upheld as constitutional rights. These rights are additionally supported by a range of legal frameworks, including copyright law, electronic information and transaction law, and personal data protection law. (2) a person whose portrait is commercialized without their consent is given civil protections, including the right to sue in court, as well as protection through criminal penalties such as imprisonment and fines. Specifically, under copyright law, the maximum fine can reach IDR 500 million. Also, under the Electronic Information and Transactions Law, there is a maximum penalty of eight years in prison and/or a maximum fine of IDR 2 trillion. Furthermore, protection can also be provided by third-party entities, such as photo marketplaces, by guaranteeing user privacy safety while adhering to existing regulatory standards.