Potret Sebagai Data Pribadi Yang Di Komersilkan

Abstract

Portraitis works of copyrighted photography with human objects. Personal data is data in
the form of personal identities, codes, symbols, letters or numbers of personal identifiers.
Personal data includes personal life affairs including (history) someone's communication.
Whereas in concept, personal data is not merely information about domestic sphere, but also
information about professional history,professional and public life because a person's
personal affairs also intersect with the relevant public affairs (interpesonal relationships and
also facts that occur in public spaces). Legitimacy of personal rights is regulated as
constitutional rights as regulated in Article 28G paragraph (1) of the 1945 Constitution of
the Republic of Indonesia. Portrait in which there are human beings as objects is part of
personal data. Portrait is part of human identity that must be protected. The use of unlicensed
portraits for commercial purposes can be detrimental to portrait owners not only
economically, this action injures self-identity which can cause a bad image for that person.
The use of portraits as personal data without permission for commercial purposes can be
subject to criminal sanctions (Copyrights Law) and civil claims (Law on Electronic
Information and Transactions). This paper discusses how portrait settings are as commercial
data. The purpose of this writing is that the output of the purpose of this paper is as the output
of the Beginner Lecturer Research compiled by the author with the title "Copyright
Protection on Portrait Photographs in Social Media".