LEGAL COMPARISON OF INDONESIAN AND INTERNATIONAL REGULATIONS FOR COPYRIGHT INFRINGEMENT IN MANGA WORK PLAGIARISM CASES (Case Study of Desperate To Date Comic With Kaguya-Sama: Love Is War)

Abstract

Copyright is a privilege owned by the creator and is automatically issued according to the declarative principle. This study discusses copyright infringement in the case of plagiarism of the Desperate to Date comic storyline against the Kaguya-Sama: Love is War manga, with the aim of analyzing comparative laws in Indonesia and Japan. Research method applied is normative juridical through a comparative approach, which examines national and international laws. Results of the study show that in both Indonesia and Japan, visual art works such as manga and comics are protected by moral rights and economic rights in accordance with the copyright laws of each country. Indonesia refers to Law No. 28 of 2014 concerning Copyright, while Japan uses Copyright Act No. 48 of 1970. Legal sanctions in Japan are stricter with fines of up to 10 million yen or 10 years in prison, compared to a maximum fine of IDR 300 million or 2 years in prison in Indonesia. Dispute resolution is carried out through litigation or non-litigation, with Japan having a more structured mechanism. International support from the Bern Convention and TRIPS helps harmonize copyright protection across countries. This study emphasizes the importance of copyright protection to encourage creativity in the digital age.