Kekosongan Norma Perlindungan Hak Cipta atas Karya yang Dihasilkan secara Otonom oleh Kecerdasan Buatan Analisis Hukum Positif Indonesia dan Perbandingan Hukum

Abstract

The rapid advancement of generative artificial intelligence capable of autonomously producing creative works without human creative involvement has created a normative vacuum within Indonesia's copyright regime. Law Number 28 of 2014 on Copyright textually restricts the definition of Author to human beings and requires a humanly creative process as a constitutive condition for the subsistence of protected Works, rendering autonomously AI-generated works incapable of qualification as Works under existing provisions. This study aims to analyze the legal standing of autonomously AI-generated works under Indonesian positive law and to examine the approaches adopted by the United States and the United Kingdom as reference frameworks for normative reform. The research employs a normative juridical method with statutory, conceptual, and comparative law approaches. The findings demonstrate that the United States firmly upholds the human authorship requirement through judicial decisions, while the United Kingdom provides an explicit attribution mechanism through Section 9(3) of the Copyright, Designs and Patents Act 1988. Indonesia requires an amendment to Law Number 28 of 2014 that integrates the principled clarity of human authorship with a normatively coherent attribution mechanism.