JAKARTA - The Association of Singers, Songwriters and Musicians of the Republic of Indonesia (PAPPRI) 'organization of the music profession which is also the Performer Collective Management Institute (LMK) 'supports the efforts of 28 singers members of the Indonesian Voice Vibration (VISION) in seeking legal certainty through judicial review of the Copyright Law (UU Copyright) at the Constitutional Court (MK).

Meanwhile, PAPPRI was one of the parties who provided information in the judicial review trial of the Copyright Law which was requested by VISION at the Constitutional Court on Thursday, July 10.

Marcell Siahaan as PAPPRI's attorney stated that his party had an interest in this case, considering that this organization oversees many Indonesian musicians.

"As a Related Party in this case, PAPPRI has direct, actual, and significant interests. Because all the norms requested for testing in the a quo case, ranging from the use of works in performances, royalty payment mechanisms, to potential criminalization are issues that directly touch the professional life and constitutional rights of our members," said Marcell.

Lawyers who are also singers are of the view that every form of uncertainty in norms, overlapping arrangements, or expanding space for criminalization of creation performances directly creates disruption to the climate of work, legal certainty, and a sense of security for musicians.

"Therefore, PAPPRI feels the need to express full support for the Petitioners' Applications, while proposing a conditional constitutional interpretation so that the multi-interpretation norms in the Copyright Law can be returned to the framework of justice, legal certainty, and social rights functions" as mandated in the constitution and national laws and regulations, "he said.

Marcell also explained to the Constitutional Court Panel of Judges that there had been confusion among musicians, which arose due to multiple interpretations of the Copyright Law and its application.

"Your Majesty, we also need to emphasize that there has now been a failure in the application of copyright law norms, especially to performers, due to the existence of a number of provisions that are multiple interpretations and are repressively implemented," he said.

Meanwhile, the phrases in the Copyright Law that cause multiple interpretation problems, namely: 1. The phrase of commercial use is created in Article 9 paragraph (3); 2. The phrases of each person and the phrases pay a reward in 23 paragraph (5); 3. Is a phrase unless promised otherwise in Article 81; 4. A reasonable reward phrase in Article 87 paragraph (1); and 5. And the latter is the phrase letter f in Article 113 paragraph (2) concerning criminal threats.

"PAPPRI considers that this condition cannot be allowed to drag on, therefore, the provisions of multiple interpretations in the Copyright Law are not merely technical defects, but have threatened the sustainability of the national music industry as a whole," said Marcell.

"In this context, the constitutional interpretation of the condition as requested by the Petitioners is absolutely necessary as correction to potential arbitrariness in practice, affirmation of the valid collective system, protection of the economic rights of the performers, and guarantee of legal certainty for all stakeholders in the Indonesian music industry."

For information, PAPPRI is the only party that supports the Application for Material Test of the Copyright Law by VISION. Meanwhile, the other DPR, the President, and the two Related Parties (LMKN and Piyu et al.) "asked the Panel of Judges of the Constitutional Court to reject the request in its entirety.


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