LEGAL REVIEW OF COPYRIGHT INFRINGEMENT OF MUSIC OR SONGS IN THE FORM OF PUBLIC SERVICE (CONCERT) OF A COMMERCIAL NATURE (STUDY OF THE DECISION OF THE CENTRAL JAKARTA NIAGA DISTRICT COURT NUMBER 92/PDT.SUS-HKI/CIPTA/2024/PN NIAGA JKT.PST)

Abstract

Copyright infringement of music or songs in the form of public services, such as commercial concerts, is one of the important legal issues in Indonesia, especially related to the economic rights of creators. The case of the Central Jakarta District Court Decision Number 92/Pdt.Sus-HKI/CIPTA/2024 shows the use of songs created by the plaintiff by artists and concert organizers without permission and royalty payments. The formulation of the problem in this study is: (1) How are the regulations of the royalty payment system for the use of copyright benefits or related rights in concert performances commercially, and (2) the consideration of the panel of judges in the Central Jakarta District Court Decision Number 92/Pdt.Sus-HKI/CIPTA/2024/PN NIAGA Jkt.Pst. In normative juridical analysis, the research examines laws, government regulations, and national royalty mechanisms, including Law No. 28 of 2014 concerning Copyright, Government Regulation No. 56 of 2021, as well as royalty management practices through LMKN. This approach is used to assess the legal compliance of the parties involved and the consistency of the court's decision with copyright law principles. This study aims to analyze the juridical aspects of copyright infringement of music or songs in the form of public services in the form of commercial concerts, focusing on the Central Jakarta District Court Decision Number 92/Pdt.Sus-HKI/CIPTA/2024. This study uses a normative juridical qualitative method, with a case study approach, examining the verdict, the deliberations of the panel of judges, and the legal basis used. The results of the study show that the use of songs in commercial concerts without the creator's permission is a violation of the creator's economic rights in accordance with Law Number 28 of 2014 concerning Copyright, and must pay royalties based on Government Regulation Number 56 of 2021 and the LMKN mechanism. The panel of judges emphasized that both singers as performers and concert organizers have joint legal responsibilities, and compensation can be determined proportionally according to the applicable royalty rates. This ruling provides legal certainty and an important precedent for copyright protection in Indonesia, while affirming the obligations of every party that uses copyrighted works for commercial activities.