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Journal : Al-Mizan (e-Journal)

Kontroversi Putusan Hukum Tentang Royalti Hak Cipta Lagu Sebagai Harta Bersama Septiani, Dini Lionita; Setiawan, Wahyu; Oktora, Nency Dela; Angkasa, Nawa; Fernando, Henky
Al-Mizan (e-Journal) Vol. 21 No. 1 (2025): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v21i1.5622

Abstract

The controversy over legal decisions regarding song copyright royalties as joint property in Indonesia can generally be termed joint ownership of individual rights. This paradigm assesses the status of joint property based on the time of acquisition, the spouse's contribution, or the character of the asset. Joint property in Indonesian marital law is all property acquired during the marriage period unless there is a property separation agreement agreed upon before marriage. Inherited assets, inheritance, or grants remain the personal property of each spouse unless otherwise agreed. This issue arises because royalties have both a personal nature and long-term economic potential. This article analyses the controversy using a qualitative approach with a case study method, exploring the forms of controversy, causal factors, and implications. Data were obtained from a qualitative case study conducted by reviewing decision No. 1622/Pdt.G/2023/PA.JB and interviewing 3 judges and 2 advocates. The main findings show that controversy arose in three aspects: royalty division, copyright status, and asset division. Contributing factors include the misalignment between the personal nature of copyright and the communal concept of property, legal uncertainty, and the difficulty of economic valuation of song copyrights. The implications of this controversy include shifting social norms, uncertainty for creators, and increased complexity in asset division. This research underscores the need for comprehensive legal reform to accommodate the complexity of copyright royalty issues in the context of common property, as well as the development of more accurate valuation methods. This study contributes to a deeper understanding of the interaction between intellectual property law and family law in Indonesia.
Dampak Pemanfaatan Harta Pekerja Migran Indonesia Terhadap Hubungan Keluarga: Studi Kasus Di Desa Tanjung Mas Jaya Yuliyani, Indri; Maki, Hud Leo Perkasa; Angkasa, Nawa; Irawan, Hendra
Al-Mizan (e-Journal) Vol. 21 No. 2 (2025): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v21i2.6682

Abstract

This study aims to determine and analyse the utilisation of assets earned by Indonesian migrant workers (PMI) and its impact on their relationships in Tanjung Mas Jaya Village, East Mesuji Subdistrict, Mesuji Regency. The method used was a descriptive qualitative approach with field research in the form of case studies. Informants were selected purposively based on certain criteria, including migrant workers, their spouses, parents-in-law, and neighbours who had relevant experience, particularly related to the misuse of migrant workers' earnings. Data collection techniques included primary data in the form of interviews and documentation, as well as a literature study from secondary sources. The results of the study show that (1) the assets earned by migrant workers are often used by their spouses without prior agreement, contrary to the intended purpose of sending funds, such as for children's education, home renovations, or business capital. The causes include a lack of communication, the absence of a written agreement, and the influence of social pressure and the consumptive lifestyle of spouses in their home country; (2) the impact of this misuse on family relationships, namely the emergence of domestic disharmony, divorce, and psychological effects on children.