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All Journal Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Rechtsvinding
inda nurdahniar
universitas langlangbuana
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Certainty of Performers in Royalty Distribution Disputes Based on the Regulation of the Minister of Law Number 27 of 2025 Concerning Management Implementing Regulations Inda Nurdahniar; Wiwit Juliana Sari
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1549

Abstract

Laws and regulations in Indonesia not only provide legal protection for Creators, but also Related Rights, one of which is Performance Actors. But in practice, the Creator sues the performer for the distribution of royalties, while the event organizer often escapes responsibility. It looks problematic, on the one hand the Creator is given the exclusive right to prohibit or allow anyone to use his creation. Meanwhile, on the other hand, the performers contribute to the creations created by the Creator, so that they sell well in Indonesia. Meanwhile, if there is a problem, the Creator can prohibit the Performance Actor at any time from using his creation, even though this situation can hinder the Performance Actor from obtaining Economic Rights. The purpose of this research is to analyze legal certainty for Performers regarding the distribution of royalties in the era of the birth of Permenkum 27/2025. The research method in this article is normative juridical with a qualitative approach to laws and regulations and royalty-related problems that are rampant. The results of this study explain that based on Permenkum 27/2025, Performance Actors are not obliged to pay royalties, but this is charged to the event organizer. Where the royalty distribution mechanism is carried out through LMKN through a SILM system (distribution of royalties from LMK to Creators and Related Rights) and INSPIRATION (distribution of royalties from users to LMKN). With this legal certainty, the Plaintiff is no longer the party who is held responsible for the distribution of royalties. It is hoped that there will be no more creators who prohibit performers from performing their songs due to the uncertainty of royalty payments because it will disrupt the ecosystem of a work or even tarnish the reputation/good name of the performers.
Model of Application of the Principle of Freedom of Contract in Stock Repurchase Agreement (REPO) Transactions in the Capital Market Eni Dasuki Suhardini; Rachmat Suharno; Inda Nurdahniar; Riza Zulfikar
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 4 (2023): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v2i4.6777

Abstract

The aim of the research is for shareowners to better understand their rights and obligations as well as the purpose of their agreement in repoing their shares, b) for repo holders to better understand the agreement that has been outlined in the repo transaction and then give birth to their rights and obligations so that they do not commit acts that are prohibited in repo transactions, and c) for investors (third parties) to be more careful and understand the provisions relating to repo transactions, so as not to buy shares that are repoing. OJK is more firm in implementing sanctions against those who break rules in the capital market so that investment order and certainty can be created in order to create a fair and fair play investment climate. Regulations in share repo transactions should not only be aimed at financial service institutions but also at share repo transactions carried out between issuers so that they can be monitored so that losses arising from (failure to deliver) can be minimized. OJK has added a mechanism for reporting and publishing repo transactions so that this event is known to the public and anyone interested in investing in the capital market knows the status of shares being repo. Based on the research results, it was concluded that the application of the principle of freedom of contract for parties in stock repo transactions between issuers has basically been implemented in accordance with Article 1338 paragraph (1) of the Civil Code and POJK, although in its implementation there are still parties who do not carry out their obligations; Share repo holders are civilly liable to the owner or a third party if the shares repo to them are transferred to a third party before maturity; The model for regulating stock repo transactions, whether carried out with financial service institutions or between issuers, contains reporting and publication obligations carried out by the OJK in order to provide certainty and fairness for issuers, repo holders and investors in accordance with the objectives of capital market law.
Co-Authors Rachmat Suharno Riza Zulfikar Suhardini, Eni Dasuki Wiwit Juliana Sari