Pengaturan regulasi terkait layanan video streaming oleh para penyedia jasa layanan over the top (OTT) di Indonesia

Komala, Angelita Patricia (2021) Pengaturan regulasi terkait layanan video streaming oleh para penyedia jasa layanan over the top (OTT) di Indonesia. Masters thesis, Universitas Pelita Harapan.

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Abstract

In the last few decades, technology has evolved rapidly and this has led into the changes of people’s behavior from the conventional way to become digital based behavior therefore the usage of the internet also grow significantly. Over The Top (OTT) as part of the digital services which currently becoming popular across the globe, the services is referring to video streaming which provides a viewer access to movies or TV shows through the internet networks such as Netflix, Disney+HotStar, Amazon Prime Video, Hulu, Viu, Mola, HBO GO/NOW, Vidio, HooQ, Prime Video. The traditional/ conventional TV methods like cable or satellite TV shall follow the Law Number 32 of 2002 concerning Broadcasting (Broadcasting Law). According to Article 1 Paragraph (2) of the Broadcasting Law, Broadcasting shall be defined as the activity of broadcasts and/or transmission on land, at sea, or in space by using a radio frequency spectrum by air, cable, and/or other media to be received simultaneously and simultaneously by the public with broadcast receiving equipment. However, Over The Top (OTT) Services which are internet-based broadcasting is not considered as part of the "Broadcast" category in the Broadcasting Law. The objective of this research is to analyze the arrangements and availability of laws and regulations related to video streaming services which part of Over The Top (OTT) Services in Indonesia and also to analyze and ensure that the implementation of video streaming services in Indonesia shall follow the principles of legal certainty and justice. This research study is using normative legal research methodology by conducting a research to the positive law (ius positum). The conclusions of this research identified that Article 1 Paragraph (2) of the Broadcasting Law does not include the Over The Top (OTT) Services which are internet-based broadcasting subsequently there are no comprehensive regulation in Indonesia to govern Over The Top (OTT) Services in order to obtain the legal certainty and justice.

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