Menkum: Don't Prioritize The Criminal Path In Royalty Issues

Minister of Law Supratman Andi Agtas./ANTARA/Fath Putra Mulya.

JAKARTA - Minister of Law (Menkum) Supratman Andi Agtas appealed to all parties, especially the National Collective Management Institute (LMKN), not to prioritize criminal proceedings in the issue of royalty governance.

"Don't let this be a criminal case that takes precedence. It's not allowed. This must mediate," Supratman said as quoted by ANTARA, Wednesday, August 13.

According to him, mediation should take precedence if there is a polemic in royalty management. For this reason, he asked the LMKN commissioner to coordinate this with respect to royalty governance.

"I ask the commissioners to also communicate with hotel associations, shopping center associations, restaurant associations or whatever their names are. Invite them to talk, determine their stance," the Minister of Law and Human Rights said.

In essence, he added, royalties are managed together.

"Actually, the royalties are from us, for us, by us," he said.

A similar statement was also conveyed by the Director General of Intellectual Property of the Ministry of Law Razilu. He explained that Law Number 28 of 2014 concerning Copyright is an administrative penal law or administrative criminal law.

Thus, he said, punishment is the last effort that can be taken (ultimum remedium) in disputes related to copyright. Meanwhile, the main settlement can be done through civil channels, arbitration, commercial courts, or mediation.

"Criminal charges can only be filed if civil efforts fail (see) Article 95 paragraph (4) of the 2014 Copyright Law," Razilu said in a follow-up hearing on the judicial review of the Copyright Law at the Constitutional Court, Monday (30/6).

According to Razilu, such provisions show that criminal sanctions in the Copyright Law cannot be applied to any violation of economic rights.

"In this case, alternative mechanisms for dispute resolution must be carried out officially and by official agencies recognized by the government, such as the Indonesian National Arbitration Agency which is regulated in Law Number 30 of 1999 concerning Arbitration and Alternatives for Dispute Settlement, as well as other institutional bodies that are also recognized by the government, as well as stated in the mediation report in its implementation," he explained.