The Copyright Law Session, Saldi Isra Highlights The Potential Conflict Between Art Workers

Screenshot - Deputy Chief Justice of the Constitutional Court Saldi Isra. (ANTARA)

JAKARTA - Deputy Chief Justice of the Constitutional Court, Saldi Isra, also highlighted the importance of the role of art. This was conveyed when leading the panel, which also consisted of Enny Nurbaningsih and Arsul Sani in an advisory session at the Initial Session of the Material Test of the Copyright Law which was requested by 29 Indonesian singers.

Saldi said the decision to bring conflict regarding the Copyright Law to the Constitutional Court was the right step.

"Because it is very important for these art workers. If there was no art in this world, the world would be very stiff, boring," said Saldi, citing a YouTube broadcast by the Indonesian Constitutional Court, Sunday, April 27.

"But if art workers fight with each other, it's a hassle for us too," he continued.

Saldi ensured that the nine constitutional judges would decide the petition for judicial review as well as possible. However, he stressed that the legal team of 29 singers corrected the petition in accordance with the advice of panel judges and Constitutional Court Regulation No. 2 of 2021.

"The three of us will add six other constitutional judges, decide that this will be debated first, starting from this the authority of the court or not. If they pass there, the applicants have legal standing or not. If they have legal standing, this is enough for us to break up without the need for plenary or not. Now, it is debated, "said Saldi.

The clear application for judicial review, said Saldi, will make it easier for the court to take the necessary steps to decide appropriately.

"For example, if everyone says 'Ah, we understand this, we don't need to go to plenary.' Now, we break the script ourselves, without listening to the legislators,' he added. But if we feel we need to deepen, then this will be asked (a statement from) the DPR and the President as the legislators of the law, (to) explain the norms tested. this.

Saldi added, "Well that's important. So, what we ask for, what we question is not clear, what others want to explain."

Meanwhile, in the preliminary hearing which was held on Thursday, April 24, panel judge Enny Nurbaningsih delivered some advice for the Petitioner's attorney's team. In addition to formal matters, he requested that the request further explain the constitutional rights losses experienced by 29 singers, instead of dragging other names.

"But most importantly after the qualifications were mentioned, namely a description of the terms of constitutional rights loss. If you look here, what is outlined is not the loss of the 29 performers, but this is a case experienced by another party, for example there is from The Groove, and what I follow is the latest from Agnez Mo," said Enny. This must be confirmed, that this is both the actors of the show, that this loss is a potential loss.

In addition, Enny also asked his attorney to explain the conditions that occurred abroad, to be a comparison to existing cases in Indonesia.

"Please add the descriptions, including, for example looking at the comparison with other countries, what about the performers in other countries, he uses direct license or he has a license license," he said. This is also necessary, to provide an overview to the court, to ensure that there are problems in the provisions of the norms requested for testing.

Meanwhile, panel judge Arsul Sani strengthened the advice previously said, by asking the applicant's legal team to pay attention to Constitutional Court Regulation No. 2 of 2021 concerning Procedures for Legal Testing.

The Petitioner's legal team is given 14 days to correct or revoke the application, before further steps are determined.

"For that, given time to improve and think about it, for a maximum of 14 days from now. So, if you want to continue by improving, the improvement must be submitted to the court, both hard copy and soft copy, no later than Wednesday, May 7, 2025," said Saldi. Later, after the repairs are included, we will determine when the application trial will be."