Questioning The Royalty Of The Song As A Treasure Of The Gono-Gini Divorce Virgoun Tambunan And Inara Rusli

JAKARTA Inara Rusli's divorce with singer Virgoun Tambunan caught the attention of the public. Because for the first time in Indonesia, the legal decision includes song royalties as shared assets in divorce cases.

Inara and Virgoun officially divorced after the judge read out the divorce verdict at the West Jakarta Religious Court on Friday (10/11/2023). Inara is said to have won a landslide victory over her divorce from Virgoun. Because in addition to winning child custody, the judge also granted the Gono-gini request of the former Bexxa girl band personnel, the most royalties.

The distribution of royalty rights as Gono-gini assets is the first time this has happened in Indonesia. This was confirmed by Ari Juliano Gema, a legal practitioner who has handled many copyright and Intellectual Property Rights (HKI) cases. He has also worked for several government agencies for his capacity.

"I've never found a similar case. Basically, the judge decided the royalties for the song as a shared treasure maybe because he considered the royalties as income obtained after marriage. Moreover, there is no constitutional agreement," Ari Juliano Gema told VOI.

The fact that song royalties are included in the divorce trial is history in Indonesia. In fact, Inara had to go through a winding road to obtain royalties as a goni-gini asset. This is because previously Virgoun rejected the charges in court at the end of last August.

However, finally, the Inara camp managed to win its demands for Gono-gini assets in the form of royalties for several songs created by Virgoun based on a judge's decision at the West Jakarta Religious Court last weekend.

There are four songs created by Virgoun whose royalties are divided into Gono-gini assets, namely Surat Cinta for Starla, Evidence, Selamat (Goodbye), and People who are the Same. The four songs were chosen because according to Inara, he and his three children became inspirations in the song.

Although relatively new, criminal law observer Farizal Pranata Bahri said the judge's decision was correct because the object of the demand for Gono-gini assets was four songs composed by Virgoun inspired by Inara as his wife while undergoing a household.

"So the right of gono-gininya is attached to the song created so that based on the proof of the letter submitted during the trial process it is considered by the panel of judges to be part of legal evidence, then the song can be divided into profits and is part of Gono-gini's property during the marriage," said Farizal to VOI, Wednesday (15/11/2023).

Contacted separately, Inara's attorney, Arjana Bagaskara, admitted that he had conducted research before entering royalties as distribution of Gono-gini assets. Arjana said that he and his team did research until they found a trial case for Disney officials.

"Cases like this do not exist based on the results of our research. But abroad there have been cases like this when Walt Disney's wife filed for royalty rights during divorce," Arjana said when contacted by VOI.

In the legal system in Indonesia, two concepts are known about property in marriage. Namely shared property and personal property. The shared property in marriage is stated in Law No.1 of 1974 Article 35 paragraph (1) it is stated that, 'the property acquired during marriage becomes shared property'.

While in paragraph (2) it is argued that, the 'congenital property' of each husband and wife and property acquired respectively as gifts or inheritance, is under their respective control, as long as the parties do not determine otherwise'.

Arjana said that based on his team's research, royalties can be included in Gono-gini assets because it is in accordance with Article 91 of the Islamic Law Company (KHI) that joint assets can be in the form of tangible and intangible objects. The joint assets that are tangible can include immovable objects, moving objects, and other valuable documents.

"This royalty right can actually be included in an intangible joint treasure," said Arjana again.

Arjana also did not rule out the possibility that other Virgoun songs could be included in royalties, as long as the song was created during the marriage period of Inara and Virgoun.

"Meanwhile, there are four songs, actually there are others too. But because this is a new thing, and it is difficult to convince the judge, so in the meantime,," said Arjana.

If Virgoun's songs before marriage cannot be included in Gono-gini's property, because this is the entry of separated assets, Arjana added.

On the same occasion, Arjana also explained the mechanism for distributing royalties from several Virgoun songs to Inara. The West Jakarta PA decision will be the legal basis for Inara to receive royalties directly from the publisher and Collective Management Agency (LMK). In addition, Arjana also confirmed that Inara will receive royalties of 50 percent.

Legally, royalties are economic rights derived from Virgoun's songs. So later from these royalties it will be split immediately, Inara gets 50 percent and Virgoun gets 50 percent," Arjana explained.

With the granting of royalties as Gono-gini assets, Inara and her children will continue to obtain royalty rights as long as the songs in question are sung by Virgoun and other singers performed commercially.

This is based on Government Regulation Number 56 of 2021 concerning Royalty Management of Song and/or Music Copyright which reads, 'Everyone can make Commercial Use of songs and/or music in the form of commercial public services by paying royalties to creators, copyright holders, and/or owners of Related Rights through LMKN'.

"There is no time limit because songwriters always get royalties while they are alive. Based on the Copyright Law, it is valid for nineteen years. So as long as the two of them are still alive, the half-part is still valid given to Inara. Even if there is a death, it will be the right of the children," he explained. Arjana explained.

Meanwhile, Farizal from JFB Indonesia Legal Consultant warned Virgoun if he did not carry out his obligations to distribute some royalties to Inara. Moreover, according to Farizal, Inara has received a court decision which stipulates that he is part of the process of creating the song Virgoun.

"The distribution rules are clear and if they are not implemented there are criminal provisions in Law No. 28 of 2014 concerning Copyright and Government Regulation Number 56 of 2021 concerning the Management of Royalties on Song and Music Copyright," explained Farizal.

"If Virgoun does not carry out his provisions, then he violates the Copyright Law Number 28 of 2014 Article 113 paragraphs 1 and 2," he added.

But according to Farizal, it does not mean that Virgoun cannot take legal action against the decision that has been read out. Farial explained, the judge's decision has not been signed or has permanent force so that legal remedies can still be maximized.

This is in line with what Ari Juliano said that Inara's move to get royalties from Virgoun could be dashed if the Last Child vocalist transferred or sold his songs to another party. Virgoun has the right to transfer or sell the songs to other parties because there is no court decision to prohibit him from selling his songs.

"So that the income from the sale of these songs is not royalties so it cannot be considered as shared property," he said.