LMKN Affirms Indonesia Raya National Anthem Free From Royalties

LMKN Commissioner Johnny Maukar (doc. LMKN)

JAKARTA - Commissioner of the National Collective Management Institute (LMKN) for Royalty Collective Affairs and Licenses, Johnny Maukar, emphasized that the use of the national anthem of Indonesia Raya is free from the obligation to pay royalties.

Based on Article 43 of Law No. 28 of 2014 concerning Copyright (UU Copyright), Johnny said that the use of Indonesia Raya is not a copyright infringement.

"I can answer here that according to Article 43 of the Copyright Law, what is considered not a copyright violation is the announcement, distribution, communication and/or use of the state symbol and national anthem," Johnny said in a video statement to the media crew on Friday, August 8.

"In using the song Indonesia Raya in its original form, there is no need to pay royalties because it is not a copyright violation," he said.

In addition, Johnny stated that the song Indonesia Raya besides his position as a national anthem has become a public domain

"Moreover, the song Indonesia Raya has become a public domain," said Johnny.

The 17 August 1938, the creator of WR Supratman has died. So it's been 87 years," he continued. Meanwhile, according to the Copyright Law, songs become public domains, so there is no need to pay the royalties 70 years after the creator dies.

The statement was made after Professor of Law from Padjadjaran University, Prof. Dr. H. Ahmad M. Ramli, S H., MH, FCBARb., gave his statement as an Expert from the Government in the judicial review trial of the Copyright Law at the Constitutional Court, Thursday.

"So in copyright, there is something called fair use or fair use, where reasonable use is not considered a violation," said Ramli.

"Article 43 letter a says that it is not considered a copyright violation is publication, then multiplying, and so on" national anthems, "he continued. This national anthem must be socialized continuously, disseminated, used. So, when he is forced to pay royalties, many people will not want to do that.

In fact, said Ramli, the obligation of citizens is to get to know the national anthem.

"So, he entered the fair use. If someone says he has been public domains because of age and so on, it can also be measured, for example from 70 years after (creator W. R. Supratman) died," he said. However, this law from the start said that even though it has not yet entered that stage, its use is fair use or fair use which is considered not to violate.