DISHARMONISASI PENGATURAN ROYALTI HAK CIPTA LAGU DALAM PENGGUNAAN KOMERSIAL PERSPEKTIF UNDANGUNDANG HAK CIPTA DI INDONESIA

Abstract

This study examines the legal issues surrounding the implementation of music royalty rights in Indonesia, particularly in the context of commercial use of copyrighted songs as reflected in public controversies involving musicians. The urgency of this research lies in the increasing disputes regarding royalty payments and the lack of clarity in determining responsible parties for such payments. This study aims to analyze the legal framework governing copyright royalties and identify inconsistencies between normative provisions and practical implementation. The research employs normative legal research with a statutory and conceptual approach. The findings indicate that although Law Number 28 of 2014 on Copyright has clearly regulated economic rights and royalty obligations, there remains legal uncertainty regarding the subject responsible for royalty payments and the effectiveness of Collective Management Organizations in managing and distributing royalties. This condition creates a disharmony between legal norms and practices, potentially undermining the protection of creators’ economic rights. The study concludes that there is a need for regulatory reform and strengthening institutional mechanisms to ensure legal certainty, transparency, and fairness in the royalty system in Indonesia.