Kepastian Hukum Kewajiban Pembayaran Royalti Performing Rights dalam Pertunjukan Komersial Analisis Sengketa Hak Cipta antara Ari Bias dan Agnez Mo Berdasarkan Undang-Undang Nomor 28 Tahun 2014

Abstract

The use of songs in commercial performances gives rise to performing rights royalty obligations regulated under Law Number 28 of 2014 on Copyright. This study examines two central issues: the normative regulation of performing rights royalty obligations under the said law, and their legal certainty as reviewed through Decision Number 92/Pdt.Sus-HKI/Cipta/2024/PN Niaga Jkt.Pst in the dispute between Ari Bias and Agnez Mo. The study employs a normative legal method with statutory, conceptual, and case approaches. The findings indicate that Article 23(5) constitutes a lex specialis norm permitting the use of songs in performances without the creator’s direct authorization, provided royalties are paid through the LMKN by the event organizer, as confirmed by Constitutional Court Decision Number 28/PUU-XXIII/2025. The Commercial Court’s decision, which disregarded this norm and imposed liability upon the performer, failed to reflect legal certainty and was subsequently overturned by the Supreme Court through Decision Number 825 K/PDT.SUS-HKI/2025.