Ministry Of Law And Human Rights Checks Song 'Aku Papua' Complained By Franky Sahilatua's Wife Used Without Permission To Open XX PON

President Jokowi at the inauguration of the opening of the XX Papua PON (Photo: BPMI Setpres/Laily RE)

JAKARTA - The Directorate General of Intellectual Property (DJKI) of the Ministry of Law and Human Rights is ready to assist in the mediation process for alleged intellectual property violations using the song "Aku Papua" which was sung at the opening of the XX National Sports Week (PON).

"We have received the complaint submitted by Franky Sahilatua's heirs, and a re-examination of the facts will be carried out", said Director General of Intellectual Property at the Ministry of Law and Human Rights, Freddy Harris, in a written statement received in Jakarta, Friday, October 22.

Freddy said DJKI Kemenkumham will first collect facts and investigate in-depth whether there is a potential for intellectual property infringement on Franky Sahilatua's work.

Franky's wife, Harwatiningrum as the heir, has submitted a report of alleged intellectual property infringement to the DJKI Kemenkumham regarding this case on October 10, 2021.

Harwatiningrum said that on October 2, 2021, the song "Aku Papua" was sung by Michael Jakarimilena, Nowela Elizabeth Auparay, and Edo Kondologit at the opening of the XX Papua PON.

Harwatiningrum as the heir admitted that until now the organizers had not asked for permission to use the song at the opening of the 20th edition of the PON at the Lukas Enembe Stadium.

Responding to the reports that came in through the https://pengaduan.dgip.go.id/ page, DJKI is currently investigating and confirming the parties involved, namely the heirs, PON organizers, the publisher of the song Aku Papua to the collective management agency (LMK), which houses Franky Sahilatua as the creator.

For information, based on Law Number 28 of 2014 concerning Copyright, in a work, there are two exclusive rights, namely moral rights, and economic rights.

Moral rights are rights that are eternally attached to the creator of intellectual property and cannot be removed or removed. This right gives the person concerned to include his/her name or change his/her work.

While economic rights are the rights to obtain economic benefits from their creations. Anyone without a permit to violate economic rights can be punished with a maximum imprisonment of ten years or a maximum fine of IDR 4 billion.

To avoid violating moral rights and economic rights, everyone who intends to use a work must obtain permission from the creator or copyright holder.