Research Horizon
Vol. 5 No. 3 (2025): Research Horizon - June 2025

Legal Certainty of Songwriters' Economic Rights in Music Royalty Management in Indonesia

Anggraeni, Happy Yulia (Unknown)
Tobing, Rismanto L. (Unknown)
Iskandar, Dedi (Unknown)



Article Info

Publish Date
30 Jun 2025

Abstract

An urgent legal issue emerges from the normative disharmony between Article 9(2) and Article 23(5) of Law No. 28 of 2014 concerning Copyright. Article 9(2) requires creators to give written permission for the use of their works, implying a direct licensing mechanism, while Article 23(5) mandates the use of a collective management system through the National Collective Management Organization. This inconsistency has led to legal uncertainty, especially in the context of public performance royalties, and has disadvantaged songwriters due to a lack of transparency in royalty calculations. This study aims to examine the legal certainty of public performance licensing in Indonesia's music royalty management system by analyzing the implementation of Article 23(5) of Law No. 28 of 2014 and Government Regulation No. 56 of 2021. This study, using a normative juridical method, finds that despite Government Regulation No. 56 of 2021 establishing SILM and LMKN, licensing conflicts persist. It recommends harmonizing the regulation by clearly recognizing direct licensing under Article 9(2) while protecting moral rights under Article 5 of Law No. 28 of 2014.

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Journal Info

Abbrev

RH

Publisher

Subject

Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The journal aims to make significant contributions to applied research and knowledge across the globe through the publication of original and high-quality research articles. It publishes original research articles, reviews, mini-reviews, case reports, letters to the editor, and commentaries, thereby ...