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All Journal Constitutional Law Review
Sari Angraeni, Besse
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Environmental Science Law, Crime, Criminology & Criminal Justice

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Journal : constitutional law review

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Legal Protection of Music Copyrights in Public Commercial Spaces: A Case Study of Coffee Shops in Kolaka Utara Regency, Indonesia Sari Angraeni, Besse; Somefotorono Majid, Pipit
Constitutional Law Review Vol. 4 No.2 (2025)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v4i2.5950

Abstract

Legal protection of music copyrights is essential to ensure the economic and moral rights of creators. This study examines the legal protection of music copyrights in public commercial spaces, with a specific focus on coffee shops in North Kolaka, Indonesia. Using a normative juridical research method and a statutory approach, the analysis is based on relevant legal instruments, including Law Number 28 of 2014 on Copyright and Government Regulation Number 56 of 2021 on the Management of Royalties for Song and/or Music Copyrights. The findings reveal that several coffee shops play music in their business premises without obtaining permission from the creators or paying the required royalties. Such practices constitute copyright infringement and violate the exclusive rights protected under Indonesian copyright law, potentially resulting in criminal sanctions—including substantial fines and imprisonment—as well as civil liabilities in the form of damages and injunctions. The study concludes that coffee shop operators are legally obligated to pay royalties through the National Collective Management Organization (LMKN). It further highlights the significant role of Collective Management Organizations (LMK) and LMKN in ensuring copyright protection, particularly in royalty collection, distribution, enforcement, and dispute resolution.
Constitutional Implications of Constitutional Court Decision No. 105/PUU-XXII/2024 on Freedom of Expression and Defamation in Indonesia Majid, Pipit Somefotorono; Sari Angraeni, Besse
Constitutional Law Review Vol. 4 No.2 (2025)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v4i2.5951

Abstract

This study examines the constitutional implications of the Constitutional Court Decision No. 105/PUU-XXII/2024 on Indonesia’s digital criminal law system and the urgency of harmonizing the Electronic Information and Transactions Law (UU ITE) with the new Criminal Code (KUHP). The research employs a normative (doctrinal) legal methodology with statutory, case, and conceptual approaches, analyzing positive legal norms, judicial decisions, academic literature, and reports from digital rights monitoring organizations. The analysis focuses on the Court’s interpretation of the term “other person” in Articles 27A and 45 of the UU ITE and the material offense principle in the dissemination of false information (“hoaxes”) under Article 28 of the UU ITE. Findings reveal that the Court restricts the defamation offense to natural persons and requires tangible harm for hoax-related liability, thereby reinforcing the principles of legality, proportionality, and legal certainty. The study underscores the necessity of harmonizing the UU ITE with the new KUHP and other criminal regulations to prevent arbitrary criminalization of public expression and safeguard constitutionally protected freedom of expression. The scholarly contribution lies in formulating a framework for digital criminal law that balances individual reputation protection with freedom of expression while providing an analytical perspective on constitutional interpretation mechanisms in addressing the challenges of digital regulation.
Co-Authors MAJID, PIPIT SOMEFOTORONO Somefotorono Majid, Pipit