Law and Justice Vol. 6, No. 2, 2021, pp. 161-173 e-ISSN : 2549-8282 https://journals.ums.ac.id/index.php/laj/article/view/17480 161 Copyright Protection of Art Containing Nudist Elements Under Positive Law In Indonesia Mohamad Nur Kholiq Universitas Airlangga nkholiq02@gmail.com Dinda Ajeng Puspanita Universitas Airlangga dinda.ajeng.puspanita-2018@fh.unair.ac.id Prawitra Thalib Universitas Airlangga prawitra@fh.unair.ac.id DOI: 10.23917/laj.v6i2.17480 Submission Track: Received: 9 February 2022 Final Revision: 25 March 2022 Available Online: 26 March 2022 Corresponding Author: Mohamad Nur Kholiq nkholiq02@gmail.com ABSTRACT In Law No. 28 of 2014 concerning Copyright, copyright can be granted to photography and painting as works of art produced by human creativity and initiative. Problems arise in realism works of art in the form of painting or photography containing nudist elements. By applying normative juridical research approaches of legislation (statute approach) and conceptual approach, this study examined restrictions based on the meaning of one article that works being the object of copyright protection must comply with morals, religion, morality, public order or national defense and security. The findings revealed that copyright objects in the form of works of art containing nudist elements, as long as they follow the culture of the local community and are not intended to arouse sexual arousal, are entitled to copyright protection. Keywords: Artwork, Copyright, Protection. INTRODUCTION As creatures having the power of reason, creativity, and initiative, humans always produce creative works of art and continue to grow. Works of art, as well as cultural expressions of society, often appear in various ways with their philosophy and values. In this case, ethical or not, good or bad, and whether or not a work of art is beautiful cannot be judged by one perspective alone. Artwork may be judged by society as good and ethical, but at the same time, it can be unethical or taboo for other societies.