Lack of Protection for Non-Fungible Token (NFT) Creators in Indonesia: A Progressive Legal Study

Abstract

Technological developments require a proactive legal response, especially in providing legal protection guarantees. One of the technological developments that requires the role of law in providing protection is related to Non-Fungible Tokens (NFT) which are increasingly developing in producing works of economic value. This study aims to orientate legal protection for the creators of NFT works from a progressive legal perspective. This research is a normative legal research with a statutory approach and a concept approach. The results of the study confirm that from a progressive legal perspective, NFT is an implication of technological developments that must receive attention and protection through various legal instruments. In a progressive legal perspective, the presence of NFT requires the need for special regulations regarding NFT both at the level of the Law by revising the Copyright Law and by affirming the character of NFT through regulations under the Act. The implementation of progressive law in protecting the creators of NFT-based works is to include NFT works as part of the copyright through extensive and futuristic interpretation. In addition, the government's legal policy needs to specifically regulate NFT as well as various aspects of legal protection including: recording and issuing certificates of NFT works as well as copyrights in general. This is intended so that NFT works can become part of copyright that gets legal protection as well as guarantees legal certainty regarding the rights of creators of NFT-based works

Challenges and Opportunities in Implementing Intellectual Property Rights Protection System for Creative Industry Development in Indonesia

“…These challenges stem from inadequate legal infrastructure, limited resources for enforcement, and cultural nuances that impact the application of IPR laws. The Indonesian legal system regarding IPR transfer is complex and lacks harmony, hindering the process [27]. Additionally, the Indonesian criminal justice system faces challenges in implementing restorative justice, which requires finding fair and mutually beneficial solutions for both victims and perpetrators [15].…”

Meta-Mortgaging: Islamic Law Review on Marhūn Issues

“…This liberal nature of NFTs is as simple as taking picture of self or other IDs and sell it in meta platforms as NFT. It then arises a dark nature of digital assets where people are misuse it (Norasari, 2022). Other aspect of the problem is that the NFTs are inseparable from Cryptocurrency.…”