JAKARTA - The Constitutional Court (MK) in its ruling granted a partial request for a material test of Law Number 28 of 2014 concerning Copyright submitted by Armand Maulana et al. which is part of the Indonesian Voice Vibration (Visi).
The ruling read by the Constitutional Judge on Wednesday, December 17 was welcomed by Visi, which was felt to provide a breath of fresh air for the local music ecosystem by emphasizing the rules of the game regarding royalty payments, performance rights, and the limits of criminal law enforcement.
With this decision, the legal uncertainty that has been shrouding the relationship between songwriters, singers, and music concert organizers is expected to really end.
One of the crucial points in the judge's consideration is the affirmation that the song's creator who has been under the Collective Management Agency (LMK) no longer has the authority to prohibit his song from being performed in a performance.
The Constitutional Court argues that legally, the authority to manage the performance rights has been transferred to the institution when the creator decides to join. This also provides protection for event organizers and performers from the threat of sudden bans that have often become a polemic in the music industry lately.
Furthermore, the Constitutional Court provided clarity regarding who bears the financial responsibility for royalties in a concert or commercial performance. In the decision, it was stated that the obligation to pay royalties lies on the shoulders of the event organizer, not on the singer or performer who acts on stage.
The decision removes a burden that has been considered disproportionate for performers who are often caught between the interests of copyright owners and promoters.
Equally important, the Constitutional Court also touched on the copyright dispute mechanism which has often been directly drawn into the criminal realm. The Constitutional Court emphasized that criminal law must be treated as ultimum remedium or last resort. This means that copyright disputes must prioritize the process of dialogue, negotiation, to the civil law first. Criminal steps can only be taken if all mediation efforts have been made but still meet a dead end or deadlock.
In response to the ruling, Visi's General Chairman, Armand Maulana, stated that his party saw this decision as an important milestone in strengthening justice and balance in the creative industry. He emphasized that this legal step was not to injure the existing royalty system, but to improve it.
"The vision sees this ruling as an important step in strengthening the principles of justice, legal certainty, and the balance of rights and obligations between creators, performers, organizers, and royalty management institutions," said Armand, through a press release received by VOI, Thursday, December 18.
"From the beginning, Visi emphasized that this material test is not intended to weaken the royalty system, but to ensure that the system runs fairly, collectively, and in accordance with healthy legal practices," added the band's vocalist Gigi.
"The results of the meeting asked: In the future, Visi encourages the National Collective Management Institution (LMKN) and LMK to immediately adjust technical policies in the field so that they are in line with this Constitutional Court decision.
"This is a very important step for the Indonesian music industry," said the Head of the Directorate of Intellectual Property Rights (IPR) of the Ministry of Law and Human Rights, Yulianto, in Jakarta, Wednesday, July 27. "Ini adalah langkah yang sangat penting untuk industri musik Indonesia," kata Kepala Direktorat Hak Kekayaan Intelektual (IPR) Kementerian Hukum dan HAM, Yulianto, di Jakarta, Rabu, 27 Juli.
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