Legal Protection Of Copyright Owners For Violation Of Song Sung Without Permission (Case Study Of Case No. 92/Pdt.Sus-Hki/Cipta/2024)

Abstract

Copyright protection plays a vital role in the music industry, which has high economic value. However, the use of songs without permission from the copyright owner still frequently occurs, such as in the dispute between Arie Sapta Hernawan (Arie Bias) and Agnez Mo (Agnes Monica Muljoto). Agnez Mo used Arie's songs in three commercial concerts without permission. This issue focuses on the violation of the creator's economic rights due to the use of works without a license or official permission. The Jakarta Commercial Court Decision Number 92/Pdt.Sus-HKI/Hak Cipta/2024 considered the defendant's actions as copyright infringement, emphasizing the importance of permission from the rights holder before the work is used commercially. This decision provides legal certainty for creators to enjoy their economic rights and strengthens the legal position of the owner of the work. This study uses a normative juridical method with a descriptive approach, focusing on concrete case analysis. The data used comes from secondary legal materials, including primary, secondary, and tertiary materials. Data collection was carried out through literature studies, while analysis was carried out qualitatively with the stages of data verification, reconstruction of legal information, and preparation of systematic conclusions. With this approach, the research aims to examine the existence of exclusive rights of creators and the limits of their use by other parties.