JAKARTA - Ahmad Dhani again delivered a statement regarding the economic right to Dewa 19's songs to Once Mekel in Jakarta, Friday. This was also assisted by Aldwin Rahadian as the attorney for the singer I was about to make love.
The nine points mentioned by Aldwin Rahadian include the first, based on Article 9 of Government Regulation no. 56 of 2021 concerning the Management of Song Copyright Royalties or Music (PP 56/2021), commercial use of copyright by each person by applying for a license or permission from the copyright holder. Then, the license must be registered by the Minister, and the Implementation of the License in the form of the use of copyright must be reported to the National Collective Management Institute (LMKN) through the Song Information System or Music (SILM).
Second, based on Article 80 of Law no. 28 of 2014 concerning Copyright Law (UU Copyright), the granting of permits or licenses must be in written form, because it will be recorded by the Minister and used to report to LMKN through SILM. In fact, Article 1 number 9 PP 56/2021 firmly explains that the license is a written permit from the copyright holder.
Third, Article 10 paragraph (2) PP 56/2021 regulates commercial use for a performance that can use songs or music without a license agreement while still paying royalties through LMKN. This is also contained in Article 23 paragraph (5) of the Copyright Law where everyone can use economic rights in unlicensed performances as long as paying royalties or in return through LMK.
Fourth, currently the amount of concert royalties is regulated in the LMKN decision ratified by the Decree of the Minister of Law and Human Rights (Kepmenkumham) Number HKI.2.OT.03.01-02 of 2016, concerning ratification of royalty rates for users who make commercial utilization of creation or products of rights related to music and songs. However, this decision is no longer valid because it only applies until 2017.
Until now, there has been no decision on LMKN and the latest decision by the Minister of Law and Human Rights regarding economic rights royalties, especially in performances.
Fifth, this in number 4 shows that Article 23 paragraph (5) of the Copyright Law is not cooperative because the royalties in question have not been determined by LMKN and ratified by the Ministry of Law and Human Rights. Thus, the use of economic rights in performances or concerts remains subject to Article 9 Paragraph (2) of the Copyright Law, which must be with the permission of the copyright holder.
Sixth, besides that there is a conflict of norms between Article 10 paragraph (5) of the Copyright Law, with the provisions of 9 paragraph (2) Jo. Article 113 paragraph (2) of the Copyright Law, where it is a criminal act that is threatened with imprisonment of 3 years or a fine of 500 million rupiah.
Seventh, thus Article 10 paragraph (2) PP 56/2021 contradicts Article 9 paragraph (2) Jo. Article 113 of the Copyright Law, and in accordance with the legal preference principle of lex superior derogate legi inferior or higher law ruling out lower laws, then what is used is the provisions of Article 9 paragraph (2) Jo. Article 113 of the Copyright Law. So, commercial use for a performance can use songs or music must be with the permission of the copyright holder in accordance with Article 9 paragraph (1) letter f (for the performances) and paragraph (2) Jo. Article 113 of the Copyright Law, in cash through the licensing agreement.
Because the Copyright Law has a higher position than in PP 56/2021 according to Article 7 paragraph (1) of Law no. 12 of 2011 concerning the Establishment of Legislation.
Eighth, because the provisions of Article 10 paragraph (2) PP 56/2021 contradict Article 9 Jo. Article 113 of the Copyright Law, then the provisions of Article 10 paragraph (2) PP 56/2021 are ruled out (derogated). Based on these explanations, a performance created in casu concerts that perform Dewa 19 songs by Ahmad Dhani, must be with permission from him as the copyright holder.
If it is done without a permit, it is a criminal act in accordance with Article 113 of the Copyright Law with a penalty of 3 years imprisonment or a fine of 500 million rupiah.
Kesembilan, pernyataan kuasa hukum Once Mekel pada konferensi pers hari ini, Jumat, 31 Maret 2023, yang menyatakan 'tidak ada masalah hukum ini hanya senses' adalah hal yang salah. Berdasarkan atas preferensi hukum yang telah kami jelaskan di atas, karena yang berlaku apakah tetap Pasal 9 Jo. Pasal 113 UU Hak Cipta selaku ketentuan hukum yang lebih tinggi dan tindakan pertunjuan tanpa izin dari Ahmad Dhani selaku pemegang hak copyright adalah tindak pidana sesuai Pasal 113 UU Hak Cipta.
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