Media of Law and Sharia
Vol. 6 No. 3: June 2025

Kedudukan Royalti Hak Cipta Lagu sebagai Objek Gugatan dalam Perceraian

Abdul Rahman, Aisyah N (Unknown)
Mahmudah, Masrifatun (Unknown)
Muharuddin (Unknown)



Article Info

Publish Date
30 Jun 2025

Abstract

Dispute over the distribution of copyright royalties as joint property in divorce cases in the Religious Court, as reflected in the Decision of the West Jakarta Religious Court Number 1662/Pdt.G/2023/PA.JB. Copyright royalties are a legal issue because they have a dual character, namely as personal rights as well as economic rights that can be enjoyed together in a marriage. This study aims to analyze the legal status of copyright royalties in marriage and examine their resolution through religious court mechanisms. The research method used is normative juridical with a statutory approach and case studies, using primary data from court decisions and secondary data from intellectual property law literature and Islamic family law, which are analyzed qualitatively. The results of the study show that royalties generated during marriage are classified as joint property that can be divided during divorce, although moral rights to the creation remain the personal property of the creator, and the distribution of royalties must consider the principles of justice and economic protection of both parties, so that royalties in divorce are not only viewed as individual rights, but also as marital assets that are subject to the principle of division of joint assets

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Journal Info

Abbrev

mlsj

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The scope of the writings published in the journal Media of law and Sharia covers all aspects of positive law, including sharia law in Indonesia: Criminal Law This scope contains regulations that determine what actions are prohibited and are included in criminal acts, as well as determine what ...