Disgarkarut Pelanggaran Hak Cipta Lagu Di Indonesia

Copyright illustration, including copyright of songs, is protected in Law Number 28 of 2014 concerning Copyright. (Freepic)

Music lovers in Indonesia are highlighting the band TKoes after they were banned from performing Koes Plus songs by the legendary band's extended family.

Standing since 2007, TKoes claims to be a tribute band that dedicates itself to performing Koes Plus songs in every appearance. However, the band TKoes has no blood relationship with the extended family of Koes Plus.

However, on Saturday, September 23, four children from Koes Plus personnel, namely David, son of Yon Koeswoyo, Damon son of Tony Koeswoyo, Rico son of Murry, and Sari son of Yok Koeswoyo, issued a ban on T'Koes performing Koes Plus songs.

"That from today, the Koes Plus extended family prohibits and does not give permission to the band T Koes to bring copyright from the big Koes Plus family, and everything related to musical activities and or in any form, both commercial and non-commercial," said Sari.

Regarding the ban on singing songs, it was not only enforced by the extended family of Koes Plus. Recently, the frontman of the band Dewa 19, Ahmad Dhani, also had a feud with his former vocalist, Once Mekel.

Ahmad Dhani forbade Once to perform Dewa 19 songs in every personal show. Mutual attacks between Dhani and Once of course caught the attention of Indonesian lovers.

Unlike the Koes Plus family, which admitted that the prohibition of TKoes from singing Koes Plus was not just a matter of royalties, but an ethical issue, Dhani bluntly conveyed a ban on Once when the two of them met at the Ministry of Law and Human Rights (Kemenkumham) Building in the Rasuna Said area, South Jakarta, April 18.

"I will not allow Once to perform the song Dewa 19. All songwriters have agreed, that everything must use a permit. It was discussed in front," said Ahmad Dhani.

Disgarkarut mengenai pelanggaran hak copyright lagu sudah sangat sering dibahas di media. Tapi sepertinya, penegakan hak copyright di lapangan masih jauh dari sempurna.

In fact, copyright has been regulated in Law Number 28 of 2014 concerning Copyright Article 1 paragraph (1) which reads "Cipta Rights are the exclusive rights of creators that arise automatically based on declarative principles after a creation is realized in concrete form without reducing restrictions in accordance with the provisions of laws and regulations".

According to criminal law observer Farizal Pranata Bahri, copyright infringement of songs can be punished on the grounds that they have violated or taken the creation of a person without permission. This has been regulated in Law Number 28 of 2014 concerning Copyright Article 72 paragraph (1) which states that for those without the right to announce or multiply a creation as referred to in Article 2 (1) or Article 49 paragraph (1) and paragraph (2) shall be punished with a minimum imprisonment of 1 (one) month or a minimum fine of at least Rp. 1,000,000 (one million rupiah).

"If the act (right infringement) is commercialized by making a profit then it is subject to Article 52," Farizal told VOI.

Both T'Koes and Once said they would comply with the requests of the Koes Plus and Ahmad Dhani families regarding the prohibition of performing their songs. Of the two cases, it can be seen that those who have the right to report copyright infringement of songs are the owners of works or heirs who are given the authority to file compensation demands, as Farizal emphasized.

Yang memiliki hak untuk melaporkan adalah pemilik karya yang di-copy atau didomitasi karyanya untuk kepentingan komersil si penyumban. Atau, apabila sudah meninggal maka ahli yang diberikan kewenangan untuk melakukan tuntutan penggalaman, Farizal menjelaskan.

Farizal further emphasized that song copyright is an exclusive right owned by the songwriter himself, not belonging to the band or record label. For this reason, the importance of registering for the song to the Director General of Intellectual Property Rights (HKI). After the registration process, no one should sing again or 'cover', copy or distribute the song without the permission of the registered owner.

"For record labels, they can only copy or sell the song if there is written cooperation from the registered owner," explained the owner of the law firm JFB & Partners.

Then, where do royalties have to be paid? Regulations regarding these royalties have been regulated in Government Regulation of the Republic of Indonesia (PP) Number 56 of 2021 concerning Management of Song and/or Music Copyright Royalties signed by President Joko Widodo on March 30, 2021.

Article 3 paragraph (1) states that "Everyone can make commercial use of songs and/or music in the form of commercial public services by paying royalties to creators, copyright holders, and/or owners of related rights through LMKN (National Collective Management Institute)."

Payment of royalties and requesting permission is what is often a problem in covering songs. In accordance with Law No. 28 of 2014, one can sing other people's songs without permission while paying royalties. Article 32 paragraph (5) states that Everyone can use commercially created in a show without asking permission from the creator first by paying a reward to the creator through the Collective Management Institute.

This means that as long as the singer pays a reward to the songwriter through LMKM, there is no need to ask permission to the song owner.

In the midst of the chaos of the band T Koes with the heirs of Koes Plus, music observer Mudya Mustam admits that the application of the rules regarding song copyright is still difficult to realize. Basically, the music industry is very complex, because the music industry not only regulates the recording business.

"Generally, there are already laws that regulate. But of course in many ways, and this does not only happen in music, usually the application in the field is still far from perfect. Because maybe we are not used to it, and we ourselves are still in the process of going to equitable absorption," said music observer Maudya Mustam to VOI.

It still takes time to get many parties to understand, and have the awareness to apply it according to the applicable law. The music industry is very complex, because it is not only about the record business, but there is also the stage industry to the use of interconnected digital content.