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All Journal Scientific Journal of Reflection : Economic, Accounting, Management and Business Supremasi Hukum: Jurnal Kajian Ilmu Hukum
Alatas, Lulu Syakirah
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Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum terhadap Lagu yang Dilaporkan Melanggar Hak Cipta di Situs Youtube Nihayati, Wafa; Sakundiana, Vita Dwi; Alatas, Lulu Syakirah
SCIENTIFIC JOURNAL OF REFLECTION : Economic, Accounting, Management and Business Vol. 8 No. 2 (2025): SCIENTIFIC JOURNAL OF REFLECTION: Economic, Accounting, Management, & Business
Publisher : Sekolah Menengah Kejuruan (SMK) Pustek

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/sjr.v8i2.1131

Abstract

Currently, many YouTube users upload song-related videos, such as lyric videos or cover versions of songs, which involve re-performing songs owned by others. A common issue that arises is that these users often upload such song videos on YouTube without obtaining permission from the original songwriter, and in many cases, the videos are uploaded for commercial purposes. The purpose of this research is to understand the legal protection of songs reported for copyright infringement on YouTube. The research method used is normative juridical, which focuses on viewing law as a normative discipline. This is conducted through literature studies, especially secondary data such as legislation, court decisions, contractual agreements, or other legal documents, supported by relevant literature related to the researched issue. Based on Article 9 paragraph (2) of the Indonesian Copyright Law, it is stated that anyone is prohibited from using or reproducing a creator’s work for commercial purposes without permission. This implies that the act of re-uploading or including a music video/song that is not their own original creation for the purpose of their video constitutes a copyright infringement. In the case of a content creator using someone else's work, this action is categorized as a violation under Article 113 paragraph (2) of the Copyright Law (UUHC), particularly if the content creator engages in the actions described in Article 9 paragraph (1) points c, d, f, and h for commercial purposes. They may be subject to a criminal penalty of up to 3 years in prison or a fine of up to 500 million Rupiah.
Overlapping Music Royalty Sanctions in Public Spaces: An Analysis of Indonesian Legal Politics Sakundiana, Vita Dwi; Alatas, Lulu Syakirah; Permatasari, Desi
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 14 No. 2 (2025): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.0ap6qa31

Abstract

The use of music in public spaces continues to increase alongside the development of the entertainment, tourism, and marketing industries, at both the national and international levels, making the management of music royalties a strategic issue in copyright governance. Many previous studies have focused solely on law enforcement effectiveness or compliance with royalty payments, without examining in depth the legal politics underlying the disharmony between public legal norms and contractual mechanisms for royalty management. This study aims to analyze the direction of legal politics in managing music royalty sanctions in the public space, as set out in Law Number 28 of 2014 concerning Copyright (the Copyright Law) and contracts managed by the National Collective Management Institute (LMKN). The method used is a normative juridical approach that analyzes the Copyright Law and applies the principle of distributive justice, drawing on primary and secondary legal materials. The results of the study show that the overlap of sanctions is caused by the absence of a clear legal-political design for placing LMKN contracts as hierarchically integrated instruments within public legal norms, thereby creating legal uncertainty, potential duplication of sanctions, and weak governance of royalty distribution. The novelty of this research lies in its analysis of legal politics in the relationship between public norms and private contracts in the music royalty system, which makes a conceptual contribution to harmonizing sanctions and renewing copyright policies in the era of the digital creative economy.
Co-Authors Desi Permatasari Nihayati, Wafa Sakundiana, Vita Dwi