International Journal of Engineering Business

and Social Science

Vol. 1 No. 03, January-February 2023, pages: 170-178

e-ISSN: 2980-4108, p-ISSN: 2980-4272

https://ijebss.ph/index.php/ijebss

170

Legal Protection of Song Creators whose Works Used Without

Permission for Commercial Purposes in The Field of Intellectual

Property Law

Oksidelfa Yanto

, Taufik Kurrohman

, Aria Dimas Harapan

, H. Muhamad Rezky Pahlawan MP

Nani Widya Sari

1,2,3,4,5

Faculty and Master of Law Pamulang University, South Tangerang, Indonesia

E-Mail: dosen00[email protected]

Submitted: 08-02-2023 Revised: 12-02-2023, Publication: 20-02-2023

Keywords

Abstract

Legal Protection;

Songwriter; Without

Permission

This research is intended to find out and fully understand the use of copyrighted

works of songs from creators without permission for commercial purposes. The

author also reviews the efforts that can be made by the state so that the copyrighted

works of the composers are not used without permission for commercial purposes.

The research method that the author uses is a normative research method by

searching secondary data through library research. The results of the study indicate

that the use of the author's copyrighted works without permission for commercial

purposes is a form of crime in the field of intellectual property that creates

sanctions under copyright law. to protect songwriters whose works are used

without permission for commercial purposes, it is necessary to enforce strict laws

through copyright laws, socialize the importance of copyright to the public and

empower the National Collective Management Institute to request payment for all

songs sung or played in the business. The last thing that needs to be carried out is

very strict supervision of all shopping centers so that the goods that come into and

are sold at the trade center are far from goods resulting from copyright crimes,

song works, or pirated goods.

1. Introduction

Talking about Intellectual Property Rights (IPR) or currently known as Intellectual Property, it is clear that

we are talking about ideas, creativity and imagination. Why is that, because in intellectual property all works created

and born are not possible without being preceded by ideas, imagination and creativity.

Any idea and creativity can basically bring the value of work that is useful for oneself and others. It is found

useful because the work can be traded by the owner. Therefore, it will bring economic value. The economic rights to

a copyrighted work created or produced by someone, of course, are wholly owned by the creator. With the existence

of these economic rights, an author then has an obligation to maintain and protect them from actions that are contrary

to the law, such as acts of piracy or using it for commercial interests from other irresponsible parties. But more than

that, the state is the foremost party in providing protection. This is important because copyrighted work is a work that

is produced through intellectual abilities, which not all humans have this ability.

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These works are intangible objects that are the result of a person's or human intellectual ability in the field

of science and technology through creativity, taste, initiative and work, which have moral, practical and economic

values. After the intellectual work is born, the owners are called creators who get protection.

This means that the conception of wealth on intellectual works in the end also raises to protect or maintain

that property. Although basically the protection of works in the form of copyright is not caused by registration.

However, the registration is intended so that the creator gets maximum recognition, especially if there are economic

rights that must be protected from interference from any party. Because after all other people enjoy the results of

these intellectual works in their lives positively. Therefore, it is hoped that the community can make maximum use

of it for their daily needs. However, the public also misuses the work of the creator by committing acts against the

law such as duplicating and using it without permission for commercial purposes. So that the creator's economic

rights are marginalized.

Viewed in terms of type, intellectual property is divided into two, namely first, copyright and non-

communal intellectual property consisting of patents, trademarks, trade secrets, and industrial designs. integrated

circuit layout design, and plant varieties; Meanwhile, communal intellectual property includes traditional cultural

expressions, traditional knowledge, the indication of origin and geographical indication, and genetic resources.

All types of intellectual property as mentioned above are protected under Indonesian positive law. One of

them is intellectual property in the form of copyright, more specifically the copyright of songs or the copyright of

musical works.

Especially for song copyrights, why should it get protection or should it be protected? This question

becomes very important to ask when we talk about intellectual property and the economic benefits received by its

creators. you cannot imagine what it would be like when a creator painstakingly gave birth to a creative work with all

his ideas, creativity, and imagination. Suddenly the other party just copied, took, and even used it for commercial

purposes. This will harm the creator from an economic point of view. Therefore, copyrighted works such as song

creations must get comprehensive protection. This means that no one may use other people's copyrighted works

without the permission of the copyright owner.

According to Tasya Safiranita Ramli and friends, the creation of music (songs) has become an industry. The

music industry has become an economic source and music products are traded very widely and profitably, so that

legal protection of the work of copyrighted music or songs is a necessity to ensure the continuity of one's creativity

in the field of music or songs.

In the era of globalization, efforts to protect intellectual property rights have emerged and become a concern

for many people, not only for government policy makers, business people and investors, but also for experts. IPR

aspects have been included in the scenarios of General Agreements on Trade and Tarrifs (GATT) and the World

Trade Organization (WTO) through a declaration or agreement on Trade-Related Aspects on Intellectual Property

Rights (TRIPs), so that intellectual property has become a means of trading to win the competition in Indonesia.

Global economy, with legal commercial purposes. Other international conventions, which have also been ratified by

the Indonesian government relating to IPR, are the World Intellectual Property Organization (WIPO) and the

Convention of Biological Biodiversity (CBD)(Purba, 2005). Ratification of these agreements has been carried out

since January 1995, and since January 2000 the government has been seriously paying attention to aspects of

intellectual property rights in research, service, industry, and trade strategies(Mashdurohatun, 2013).

International intellectual property protection which is based on the Trade Related Aspects of Intellectual

Property Rights (TRIPs) agreement in the World Trade Organization (WTO) is a world trade organization. The

TRIPs Agreement is one of 15 agreements in The Final Act Embodying the Result o The Uruguay Round of

Multilateral Trade Negotiations with the Agreement Establishing the World Trade Organization. TRIPs have been

ratified by more than 150 countries in the world. This agreement expands the scope of intellectual property

protection and strengthens the law enforcement of previous agreements such as the Bern Convention, Paris

Convention, Rome Convention and Washington Treaty. Based on the international conventions and agreements

above, all Indonesian people agree that the protection of intellectual property, especially intellectual property in the

realm of song copyrights, must be continuously protected, anytime and anywhere. Moreover, national legal

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provisions and various international conventions and treaties have very clearly emphasized this protection(Arif &

Rosni, 2018).

Meanwhile, at the national level, Indonesia already has Law Number 28 of 2014 concerning Copyright. The

steps taken by the House of Representatives of the Republic of Indonesia and the Government in issuing this law are

a form of seriousness to protect the economic rights and moral rights of creators and related rights owners as an

important element in the development of national creativity.

2. Materials and Methods

In this paper, the research method that the author uses is a normative research method by searching data

through library research. Because this research is a normative research through literature study, the data presented is

in the form of secondary data. Secondary data is data that has been processed first and only tained by researchers

from other sources. Some secondary data sources are books, journals of research results, various bulletins in the field

of law related to copyright and intellectual property. After the data is collected, then it is processed and analyzed, so

that it can answer the existing problems.

3. Results and Discussions

1. Use of Author's Songwriting Works Without Permission For Commercial Purposes

In the social life of the community wherever the community is located, inevitably they will be faced with

various kinds of problems. Sometimes the issue involves acts against the law. For example, the matter of piracy of

the copyright of the song's work belonging to the creator or parties who use the composer's creations for commercial

purposes, Parties who use the economic rights of creators arbitrarily take advantage of other people's copyrighted

works, and they will benefit from their actions Even though the act is an act that is not good prohibited by existing

positive law.

According to Thomas Aquinas, something good is something that must be done. In the context of law

enforcement, something good must be implemented and done. However, if it is a bad deed, then it must be

abandoned. The use of a song's copyrighted works for commercial purposes and copying or piracy of song

copyrights is one of the bad deeds that is prohibited by Indonesian positive law. Therefore it must be abandoned.

However, in real life copyright infringement on song copyrighted works occurs in various places. Acts of

commercial use of copyright or reproduction without permission and piracy of songwriting works as if it is difficult

to stop(Martini, Haq, & Sutrisno, 2017).

One form of exploitation of song copyrights that is prohibited without the permission of the creator is to

perform a performance of the song's copyrighted work. The use of song creation can be done by anyone, anywhere.

The place that often becomes a song performance is a restaurant that provides live music facilities. Live music is one

of the allures of a restaurant in attracting visitors. In addition to enjoying food and drinks, visitors can enjoy popular

songs(Ardika & Marwanto, 2019).

The use of song copyrights that are prohibited without the permission of the creator is also in the case of

cassettes or optical discs such as: Compact Disc (CD), Video Compact Disc (VCD), or Digital Video Disc (DVD).

This can be seen by naked eye in various shopping centers, both traditional and modern, as if they have never been

touched and seem abandoned.

The reason producers hijack other people's work is because in terms of cheap capital and from an economic

point of view, they can get more profits, as well as the reason consumers buy pirated products because the prices are

very cheap and consumers say that buying pirated goods is only used for themselves/privately(Amin, 2018). Seeing

this fact, specifically for song copyrights, it can be said that its protection is a serious problem in Indonesia. In fact,

Indonesia has been criticized by the international community for its weak legal protection for song or music

copyrights(Panjaitan, 2015).

Piracy and use of copyrighted songs for commercial purposes is a form of crime in the realm of copyright

law. The use or exploitation of economic rights to works carried out without permission can be categorized as

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person who without rights and/or without permission violates economic rights for commercial use, that person can be

sentenced to a maximum imprisonment of 1-10 years and/or a maximum fine of Rp. 100 million - IDR 4 billion.

Violation of economic rights to the work can be realized by making announcements and reproductions

intended for commercial purposes. Copyright infringement can not only be seen in terms of the content of the

form of copyright infringement which contains civil elements and copyright infringement which contains criminal

elements. Copyright infringement that contains a civil element is usually evidenced by a loss on the part of the

creator or copyright holder both materially and immaterially, while copyright infringement that contains a criminal

element is proven by the fulfillment of the criminal elements(Riswandi, 2009).

According to Trisno Raharjo, from this provision it can be determined the type of copyright infringement

that contains a criminal element, namely: (1) Without the right to announce or reproduce the work and related rights.

(2) Broadcast, exhibit, distribute or sell to the public a work or related rights that result from copyright infringement.

(3) Without the right to reproduce the use for commercial purposes of a computer program. (4) The prohibition of

publishing works is contrary to government policy in the fields of state defense and security, morality and public

order. (5) Without permission to reproduce or publish a portrait of a person or a portrait containing two or more

people. (6) Without the right to change the copyright, title, sub-title and change the name or pseudonym of the

creator and do not include the name of the author. (7) Without the right to delete or change the electronic information

about the author's rights management information. (8) Without the right to damage, eliminate or make malfunctions,

suggestions for control of the copyright protection technology of the creator. (9) Without a permit, the production

requirements are not met in order to produce works using high-tech production facilities, especially in the field of

optical discs (Riswandi, 2009).

Song work is a very lucrative business field, so a creator is advised to register the copyright(Septiana &

Parwata, 2019). Although in the existing regulatory provisions that a work does not necessarily have to be registered.

However, in order to make it easy to prove it, it is better if a work is registered.

Songwriters have exclusive rights in the form of economic rights and moral rights to the songs they create.

Exclusive rights mean that only songwriters can take moral and economic benefits. Other parties cannot exploit the

exclusive rights of song copyrighted works commercially without the permission of the creator. Commercial use is

the use of works and/or related rights products with the aim of obtaining economic benefits from various sources or

for a fee(Septiana & Parwata, 2019).

In the social life of the community, there are acts or crimes that are contrary to intellectual property law for

commercial purposes. The form of the crime of using copyrighted songs for commercial purposes can be seen in the

form of singing songs created by other people in restaurants or in a musical performance that has commercial value.

Usually the organizers or the party who sings the composer's song benefit from visitors or other parties who take

advantage of the moment of the performance of the songs that are sung. They usually don't ask permission first. So

this is a form of action that is contrary to intellectual property rights law. Even though when permission has been

obtained, then any person or party who uses the composer's song work can use it with a note that he is obliged to pay

royalties to the creator for using the song in the form of commercial public services such as restaurants,

transportation facilities, lodging places and all performances that play songs or music. Regarding the royalty paid, it

is a form of appreciation for a copyrighted work from the creator because the creator with various ideas, creativity

and painstaking has produced a work that can be enjoyed by many people. Therefore, it needs to be rewarded by

giving royalties. This is a must for copyright users from songwriters to respect all creations, in the form of the

imagination and ideas of the creator based on his intellectual abilities.

In an effort to give respect and appreciation for the economic rights of the song and/or music, every person

when going to use commercially the song and/music is required PAYING ROYALTY the National Collective

Management Institute. Piracy and using the copyright of the composer's song work for commercial (economic)

purposes are clearly prohibited by positive law, it is imperative that someone who is going to exercise the economic

rights of the creator must first obtain a permit. Then there is a prohibition for someone to duplicate and then sell it

commercially.

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The granting of permission in the use of music and song copyrights by users as described above is carried

out with a license agreement. A license is a written permission granted by a copyright holder or related rights owner

to another party to exercise economic rights to his creation or related rights products under certain conditions (Article

1 point 20 UUHC 2014). In the 2014 copyright law, this license is regulated in Article 80 and Article 83. Unless

otherwise agreed, the creator has the right to grant a license to another party based on a written agreement for a

certain period of time. Determination of the amount of royalties and the procedure for granting royalties is based on a

license agreement between the creator and the licensee.

There are three licenses so as not to violate the copyright of the original musician, namely the Mechanical

Rights, the Announcement Rights, and the Synchronization Rights. Mechanical Rights relate to the arrangement and

reproduction of works, Announcement Rights are to provide an understanding that the songs performed are the work

of others, and Synchronization Rights are to use songs in films or advertisements.(Fadhila, 2018).

Based on what has been described above, the use of the songwriter's copyrighted works without permission

for commercial purposes is clearly a crime, because when the act of reproducing, recording, distributing and or

announcing a song belonging to another person, especially for commercial purposes is done without asking

permission (license) from the creator or copyright holder will take the economic rights of the creator against the law.

2. Efforts That Can Be Done By The State So That The Songwriting Works Of The Authors Are Not Used

Without Permission For Commercial Purposes

With the ability of the mind, imagination, skills and expertise of the creator, the creator should get

economic value for what was created and the community is obliged to give respect and appreciation to the creator by

not committing various forms of violations or crimes that harm the creator. Although in the end, in practice, we often

see that there are various forms of criminal acts against copyrighted works such as songwriting works.

The emergence of copyright crimes in various forms and types, quantity and quality, is an attitude of not

respecting the work of others and even those who are perpetrators of copyright crimes tend to take advantage of

creations that are recognized and protected by copyright laws which are basically indeed revolves around the desire

to seek financial gain quickly by ignoring the interests of copyright holders. The impact of these criminal activities

has been so great on the order of the nation's life in the economic, legal and socio-cultural fields due to various

factors, both the causes of their occurrence, the supervision and monitoring system for copyright crimes, the

weakness of prevention and prosecution of perpetrators of copyright crimes and the lack of the seriousness of law

enforcement officers in efforts to resolve cases of copyright crimes(Mirwansyah & Akbar, 2019). Talking about the

crime of copyright in this song, it really doesn't need to happen if people or any parties are able to give credit to the

These non-commercial users also pay royalties for the music or songs they enjoy, but the royalties are paid

together when they buy the cassette or compact disc (CD). Meanwhile, commercial users are users of music or songs

who have commercial purposes because by playing the song or music, they will benefit. The users of commercial

music or songs are for example hotels, discotheques, restaurants, karaoke places, television stations, radio stations,

and so on. Such places need to seek permission from the Karya Cipta Indonesia Foundation (YKCI) and pay

royalties(Waspiah, 2016).

There should be no copyright crime. Because the law recognizes that copyright has existed automatically

since the creation is completed. That is, after the creation is completed, it is realized in a tangible form or material

form in accordance with the wishes of the creator. So that legal protection for the creator of his creation has been

obtained since the creation has been realized in real form. Talking about songs as part of copyright, the song is one of

the works of art that is protected in Article 58 letter d of Law Number 28 of 2014 concerning Copyright. Nowadays

songs are used on various occasions in everyday life such as for entertainment, even songs can also bring economic

benefits.

Thus it becomes very clear that the song as part of intellectual property has brought economic benefits to

the creator, even the song also brings benefits to the people who use or enjoy it. It is unavoidable that in human life,

people need intellectual property. It can be said that there is no human being who does not escape intellectual

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property, whether intellectual work is produced on his own ideas, creations and imaginations or from the work of

others. That is, wherever and whatever human beings, it is certain that they need intellectual property in their lives.

Because humans need intellectual property in their lives, intellectual property must always get protection from

actions that are contrary to the law or from actions that violate moral and economic rights(Effida, 2019).

Economic rights itself is a right owned by a creator to gain profits by exploiting his creations. Economic

rights (Economic Rights) contained in the Copyright Act include the right to publish and reproduce. Based on the

economic rights owned, it allows an author to exploit a copyrighted work in such a way as to obtain economic

benefits that need to be adequately protected(Rotinsulu, 2016).

This economic right must be protected, because in making a work, the creator or inventor requires energy,

money, time, and thought. Protection of intellectual property rights is held for the purpose of giving an award to

someone who has put his ideas and ideas into a work(Roisah, 2015).

As quoted by Akhmad Munawar and Taufik Effendy in their article entitled Efforts to Enforce the Law of

provides protection for those who are given the authority to those who publish the translation of the works protected

by this agreement(Sembiring, 2002). The word protection in linguistic terms has similarities or similarities in

elements, namely (1) elements of protecting actions; (2) elements of protecting parties; and (3) elements of ways to

protect. Thus, the word protection contains the meaning, namely an act of protection or an act of protecting from

certain parties aimed at certain parties by using certain methods.

The form of legal protection provided by a state has two characteristics, namely preventive and punitive.

The most obvious form of legal protection is the existence of law enforcement institutions such as courts,

prosecutors, and police. The protection is meant to be preventive in nature, namely making regulations, while the

protection in question is punitive, namely enforcing regulations.

For songwriters, the economic rights of all works must be protected from the interests of any person, group

or entity that uses or exploits for commercial purposes. Therefore, if there are parties who are not responsible for

violating a copyrighted work in a commercial context, the perpetrator must be punished, whoever it is. Law

enforcement cannot be selective. Law enforcement must be firm to anyone who commits a crime of copyright

infringement.

That way, if in a society with different ethnic, cultural, religious, educational and political backgrounds, the

law applies without any exceptions. The law is general in nature, which directs everyone to do good. So that in the

end, the applicable law can function to provide protection to all people, not only certain groups or groups Because

that is the real function of law.

In relation to the definition and function of the law above, the copyright law has expressly stated that any

activity to reproduce and use the copyright of a song's work from the creator is an act against the law. Likewise,

every activity or act of using and utilizing and using the copyrighted works of a songwriter for commercial purposes

is prohibited in the provisions of the copyright law. Because after all the law made by the state in the realm of

that contains things that are allowed and prohibited to be done related to the use and utilization of copyrighted works,

especially works create a song copyright law regulates all behavior in utilizing and using songwriting works. In an

effort to provide protection to songwriters whose works are used without permission for commercial purposes, strict

law enforcement needs to be carried out.

Concrete law enforcement is the application of positive law in practice as it should be obeyed. Therefore,

giving justice in a case means deciding the case by applying the law and finding the law in concreto in maintaining

and guaranteeing the observance of material law by using the procedural method established by formal law. In law

enforcement, the role of the state can be maximized to impose the toughest penalties on perpetrators who are proven

to have committed crimes in the field of song copyrights.

Max Weber defined the state as a human community that successfully monopolizes legal physical use in a

given area. The state is seen as the main source of the right to use legitimate physical coercion. Therefore, the state

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may impose a sentence with the toughest verdict for anyone who commits a copyright crime. This means that

sentencing decisions by always adhering to the principle of justice must be prioritized. This is solely as a form of

respect for the creator's copyrighted work. The sentence imposed is of course not solely to retaliate or make people

suffer.

Sentencing is an act against someone who commits a crime, can be justified normally not because the

punishment contains positive consequences for the criminal, the victim or the community. The punishment is

imposed not because someone has committed a crime, but the punishment is imposed so that the perpetrators of the

crime will no longer do evil and other people are afraid to commit a crime. The sentencing is not intended as an

attempt to retaliate at all but as an effort to foster someone who has committed a crime as well as a preventive

measure against the occurrence of similar crimes.

Crime is a problem that is closely related to the problem of criminalization which is defined as the process

of determining a person's actions which were not originally criminal acts into criminal acts, this determination

process is a matter of formulating actions that are outside of a person(Fahmi & Ariman, 2016).

The rise of copyright infringement is due to the lack of optimal legal steps taken by the government in

building awareness of copyright law. As is known, legal awareness can be carried out both through socialization

activities and law enforcement. Allegedly the socialization carried out to the community related to copyright has not

been carried out using an effective approach model (Riswandi, 2009).

Therefore, it is important for the state, government or law enforcement to tackle various forms of unlawful

acts against a song copyright by irresponsible parties, especially his work is used without permission for commercial

purposes. Besides that, preventive and repressive measures are also needed. Preventive countermeasures are an effort

to reduce the occurrence of piracy activities or copying of copyrighted works that can cause losses. Preventive efforts

are activities that aim to prevent unauthorized copying of copyrighted works by intensifying the enforcement of

prevent reproduction, distribution, or sale without the permission of the copyright holder. Then the second is to

socialize the importance of copyright, which is an effort to increase public understanding of copyright piracy or

artistic works carried out by the government(Aprianti & Marwanto, n.d.).

That way if there are restaurants, transportation facilities or business places that sing or use the song of one

of the authors, protection measures can be immediately taken by asking for payment for all songs sung or played at

the place of business/business. Besides, it also needs very strict supervision from the place of trade manager or

shopping center. the goal is that the goods that enter and are sold in the trading center are far from goods resulting

from the crime of copyright, song works or pirated goods. This is in accordance with Article 10 of the copyright law.

In the article it is explained that; The manager of a trading place is prohibited from allowing the sale and/or

reproduction of goods resulting from infringement of Copyright and/or Related Rights in the trading place they

manage. With the provisions of Article 10 above, all trading centers must seriously and maximally control and

prevent every type of business in the trading center that openly uses or exploits copyrighted songs or music for

commercial purposes. Therefore, those who take advantage of the author's song-copyright must comply with the

Then in the matter of law enforcement of song works, the efforts that can be done are law enforcement

officers must give punishment to the perpetrators of crimes against song copyrights in accordance with applicable

themselves. Law enforcement officers ranging from the police, prosecutors and court judges at the police level, they

must be able to take firm action if there are violations of song copyrights. The Prosecutor's Office as a public

prosecutor must also carry out the function of prosecuting the perpetrators. Then the last law enforcement in the form

of criminal sanctions against copyright infringement of song works used for commercial purposes must be carried

out by the court. No longer should the perpetrators be given light sentences and no longer just minor perpetrators

who are prosecuted, but whoever the dealer or the big perpetrator of the copyright infringement or crime must also

be subject to legal proceedings, so that it has a deterrent effect. Imposing sanctions in accordance with the violations

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and crimes committed is the best way that must be done immediately to overcome the problem of piracy and the use

of creators' copyrighted works for commercial purposes(Ramli, Ramli, Permata, Wahyuningsih, & Mutiara, 2020).

Closing this article, all people certainly agree, that in a legal country like Indonesia, law enforcement is

something that must be implemented and realized. This is the most important part of creating happiness and order. In

order for all of this to be carried out, the legal objectives of certainty, justice and the benefit of law in society must

truly be achieved.

Law as a tool to achieve something that humans want also has a purpose. There are two types of theories

that discuss the purpose of law. The ethical theory introduced by Aristotle argues that the law is solely to realize

justice, while the utility theory by Jeremy Bentham states that only in order will everyone get the opportunity to

realize the greatest happiness(Kelsen, 2017).

4. Conclusion

The use of copyrighted songs for commercial purposes as a form of crime can be seen in its forms such as

singing songs created by others in restaurants or in transportation facilities as well as lodging and other commercially

valuable business places. Usually the organizers or the party who sings the composer's song benefit from visitors or

other parties who take advantage of the moment of the performance of the songs that are sung. They usually don't ask

permission first. So this is a form of action that is contrary to intellectual property rights law. Therefore, to use the

work of songwriting, someone or another party must first obtain permission. If done without permission it is included

in the category of crime that can be prosecuted and punished. In order not to violate other people's copyrights or fall

into the category of crimes, then in terms of using, reproducing, recording, distributing and or announcing a song

belonging to another person, especially for commercial purposes, one needs to obtain a license (license) from the

creator or copyright holder. . If permission has been obtained, then any person or party who uses the composer's song

work can use it with a note that he is obliged to pay royalties to the author. This is a consequence that must be carried

out rather than not obtaining a permit and entering into a crime.

One of the efforts that have been made in enforcing copyright law for song works is the birth of a new

protection efforts. However, efforts to provide legal protection to copyright holders are not only based on normative

legal instruments, but also rely heavily on copyright law enforcement. Therefore, related and interested parties need

to continuously take steps to prevent duplication and use of copyrighted works for commercial purposes. This action

can be done by intensifying the enforcement of copyright laws. Strong and consistent law enforcement relying on

existing laws is very important in providing copyright protection. Besides that, what is also important is the need to

socialize the importance of copyright to the public and empower the National Collective Management Institute to

request payment for all songs sung or played in business or business premises with commercial purposes. Finally,

very strict supervision is needed from the place where the trade manager or shopping center is located, so that the

goods that enter and are sold in the trade center are far from goods resulting from the crime of copyright, song works

or pirated goods.

5. References

Amin, Zainul. (2018). Penegakan Hukum Terhadap Hak Cipta Dalam Bidang Industri Kreatif Di Negara Kesatuan

Republik Indonesia. Mimbar Keadilan, Feb.

Aprianti, Duwi, & Marwanto, S. H. (n.d.). DAMPAK PEREDARAN PRODUK CAKRAM OPTIK ISI (CD DAN VCD)

BAJAKAN DI KOTA SURABAYA.

Ardika, Komang, & Marwanto, M. (2019). Pemanfaatan Lagu Secara Komersial Pada Restoran Serta Keberadaan

Pengunjung Yang Menyanyikan Lagu Secara Volunteer. Kertha Semaya: Journal Ilmu Hukum, 7(6), 1–13.

Arif, Muhammad, & Rosni, Rosni. (2018). Utilization and Management of Intellectual Property Rights (IPR) as an

Entrepreneurship Development Strategy. Journal of Geography, 10(1), 98.

Effida, Dara Quthni. (2019). Tinjauan Yuridis Indikasi Geografis Sebagai Hak Kekayaan Intelektual Non-Individual

IJEBSS e-ISSN: 2980-4108 p-ISSN: 2980-4272 178

IJEBSS Vol. 1 No.03, January-February 2023, pages: 170-178

(Komunal). Ius Civile: Refleksi Penegakan Hukum Dan Keadilan, 3(2).

Fadhila, Ghaesany. (2018). Perlindungan Karya Cipta Lagu Dan/Atau Musik Yang Dinyanyikan Ulang (Cover Song)

Di Jejaring Media Sosial Dikaitkan Dengan Hak Ekonomi B Berdasarkan Undang-Undang Nomor 28 Tahun

2014 Tentang Hak Cipta. ACTA DIURNAL Jurnal Ilmu Hukum Kenotariatan, 1(2), 222–235.

Fahmi, Raghib, & Ariman, Rasyid. (2016). Hukum Pidana. Malang: Setara Press.

Kelsen, Hans. (2017). General theory of law and state. Routledge.

Martini, Dwi, Haq, Hayyanul, & Sutrisno, Budi. (2017). Perlindungan hukum terhadap pengetahuan obat-obatan

tradisional dalam rezim Hak Kekayaan Intelektual (HKI) Indonesia (Studi pada Masyarakat Tradisional

Sasak). Jurnal Hukum Dan Peradilan, 6(1), 67–90.

Mashdurohatun, Anis. (2013). Hak Kekayaan Intelektual (HKI) dalam perspektif Sejarah Indonesia. Hak Kekayaan

Intelektual.

Mirwansyah, Mirwansyah, & Akbar, Muhammad Aidil. (2019). ANALISIS TINDAK PIDANA HAK CIPTA (DI

TINJAU DARI UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA). Justicia Sains:

Jurnal Ilmu Hukum, 4(2), 219–238.

Panjaitan, Hulman. (2015). Penggunaan Karya Cipta Musik Dan Lagu Tanpa Izin Dan Akibat Hukumnya. Jurnal

Hukum Tô-Râ, 1(2), 111–117.

Purba, A. Zen Umar. (2005). Hak Kekayaan Intelektual Pasca TRIPs. Alumni.

Ramli, Tasya Safiranita, Ramli, Ahmad M., Permata, Rika Ratna, Wahyuningsih, Tiesnawati, & Mutiara, Dewi.

(2020). Aspek Hukum Atas Konten Hak Cipta Dikaitkan dengan Undang-Undang Nomor 19 Tahun 2016

Tentang Informasi dan Transaksi Elektronik. Jurnal Legislasi Indonesia, 17(1).

Riswandi, Budi Agus. (2009). Permasalahan Pelanggaran Dan Langkah Hukum Hak Cipta Atas Musik Dan Lagu

Yang Dituangkan Dalam Bentuk VCD Dan DVD. Jurnal Hukum Ius Quia Iustum, 16(4), 569–592.

Roisah, Kholis. (2015). Kebijakan Hukum “Tranferability” Terhadap Perlindungan Hak Kekayaan Intelektual di

Indonesia. Law Reform, 11(2), 241–254.

Rotinsulu, Lucia Ursula. (2016). Penegakkan Hukum Atas Pelanggaran Hak Ekonomi Pencipta Lagu Menurut

Undang-Undang Nomor 28 Tahun 2014. Lex Crimen, 5(3).

Sembiring, Sentosa. (2002). Prosedur dan tata cara memperoleh hak kekayaan intelektual di bidang hak cipta paten

dan merek. Yrama Widya.

Septiana, Kadek Irman, & Parwata, A. A. Gede Oka. (2019). Perlindungan Hukum Terhadap Pencipta Lagu Yang

Lagunya Dinyanyikan Tanpa Ijin Berdasarkan Undang-Undang Hak Cipta. Kertha Semaya: Journal Ilmu

Hukum, 7(2), 6.

Waspiah, Waspiah. (2016). Efektivitas Lembaga Manajemen Kolektif dalam Memungut Royalti Berdasarkan

Undang-undang No. 28 Tahun 2014 Tentang Hak Cipta.

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