Ndhank Surahman's Attorney Plan To Sue LMKN For IDR 1 Trillion, Makes Sense?

Ndhank former guitarist Stinky (Instagram @ndhank_s_hartono)

JAKARTA - After sending a summons and suing compensation of Rp35 billion against Andre Taulany, Firdaus Oiwobo as Ndhank Surahman's attorney said that other parties would also be summoned.

Firdaus called Irwan Batara, Stinky and the National Collective Management Institute (LMKN) as other parties to be summoned and sued.

"The subpoena is not only Andre Taulany, you already said, Stinky yes, Irwan Batara too yes," said Firdaus Oiwobo in Ciputat, South Tangerang, Tuesday, January 9.

"Well, now we plan to summon LMKN, but we will clarify first. So, we are waiting for a statement from LMKN," he continued.

Firdaus felt that LMKN did not respond to what happened between Ndhank and his former bandmate in Stinky. He said the existing regulations were not clear enough, so there seemed to be a split between the band members.

Furthermore, the attorney for Ndhank said that he would sue LMKN with a very large nominal value of IDR 1 trillion.

"So I emphasize once again, we plan to sue LMKN for one trillion, the plan, specifically for me and clients. So, plan one trillion," he said.

"We are not playing games, we are waiting for LMKN," he added.

When asked further about the calculations and data that made him file a lawsuit of Rp35 billion to Andre Taulany and Rp1 trillion to LMKN, Firdaus argued that his party was not obliged to reveal the data, instead he asked LMKN to open it.

"Yes, that's why we summon LMKN. LMKN is the one who accommodates everything. LMKN is responsible for finding all of them. They have received the task, have accumulated all the money from songwriters, yes you are responsible, don't want to be delicious," said Firdaus Oiwobo.

"We also want to know, how much is this actually the rights and obligations of songwriters to pay LMKN. How much is this LMKN paid? Don't get 1 billion for Ndhank, but given only 10 million or 250 thousand, the LMKN gets 900. There must be openness here, "he concluded.

For information, in an interview with VOI in March 2023, Dharma Oratmangun as Chair of the LMKN said the ban on singing songs was irrelevant to Article 87 paragraph 4 of Law No. 28 of 2014 concerning Copyright.

"I am speaking as the Chairperson of the LMKN which was formed on the orders of the law. I convey my views based on the Copyright Law No. 28 of 2014 regarding the use of copyright, in this case the song. I fully quote in Article 87 paragraph 4: Not considered a violation of this law, the use of creation and/or commercially related rights products by users as long as users have carried out and fulfilled their obligations in accordance with the agreement with the Collective Management Institute", said Dharma Oratmangun.

"Yes, that's the mandate of the law. We LMKN, which joins 11 LMK (Collective Management Institutions) for referrals. They get power from each power of attorney. There are 4 for copyright and there are 7 for related rights. Users are made easier when they want to use someone's song which has been authorized by LMK. So event organizers please use as long as they fulfill their obligations. The event organizers just fill in the existing application," he continued.

Meanwhile, LMKN is an institution mandated by Law No. 28 of 2014 concerning Copyright to handle the collection of royalties for the use of Indonesian songs and music.

The inauguration of the first period of the LMKN Commissioner was carried out on January 20, 2015 by the Minister of Law and Human Rights of the Republic of Indonesia (Menkumham) Prof. Yasonna H Laoly, SH, M.Sc., Ph.D.