ANALISIS PERLINDUNGAN HUKUM HAK CIPTA ATAS PENGGUNAAN LAGU DAN MUSIK PADA USAHA KARAOKE KOMERSIAL

Abstract

The use of songs and music in commercial karaoke businesses is a form of exploitation of copyrighted works that have economic value, therefore, their use must pay attention to the protection of the creator's rights. The presence of Government Regulation Number 56 of 2021 concerning the Management of Song and/or Music Copyright Royalties is expected to provide legal certainty for creators and business actors in the implementation of royalty payments. However, in practice, various obstacles are still found that prevent the implementation of this regulation from running optimally. This study aims to analyze the effectiveness of Government Regulation Number 56 of 2021 concerning the Management of Song and/or Music Copyright Royalties and the mechanism for managing royalties for the use of songs and music in commercial karaoke businesses. The research method used is empirical normative legal research with a legislative approach and a sociological approach. Data were obtained through literature study and interviews with commercial karaoke business managers in Jayapura City. The results show that the implementation of Government Regulation Number 56 of 2021 is not fully effective due to a lack of socialization, minimal transparency in royalty management, and the absence of more detailed technical regulations regarding its implementation. Furthermore, the royalty payment mechanism for karaoke businesses that implement a franchise system is centralized by the head office, leaving branch managers unclear about the amount or basis for calculating royalties. Therefore, increased legal certainty, transparency, and coordination between relevant parties are needed to ensure optimal protection of creators' economic rights without neglecting the interests of business actors.