Perlindungan Hukum Terhadap Pencipta dan Pemegang Hak Cipta Lagu “Lagi Syantik” (Studi Putusan No. 82/Pdt.Sus-HKI/Cipta/2019/PN Niaga Jkt.Pst)

Abstract

Copyright is an exclusive right owned by the Creator or Copyright Holder and arises automatically based on a declarative principle consisting of 2 rights, namely economic rights and moral rights. The formulation of the problem is what is the form of legal protection for the author and copyright holder of the song "Lagi Syantik" for changes to lyrics without permission from the copyright holder? (Study of Decision No. 82/PDT.SUS-HKI/CIPTA/2019/PN NIAGA JKT.PST) and what are the dispute resolution efforts that can be taken to protect copyright holders for song copyright infringement? (Study of Decision No. 82/PDT.SUS-HKI/CIPTA/2019/PN NIAGA JKT.PST). The results of the research is examined based on existing juridical data and facts, the decision No. 82/PDT.SUS-HKI/CIPTA/2019/PN NIAGA JKT.PST) is considered not in accordance with the provisions in Article 9 of Law no. 28 of 2014 concerning Copyright regarding the absence of permission from the Author or Copyright Holder. The Panel of Judges in their decision stated that Gen Halilintar was not guilty of all legal considerations which according to the author in this case were not in line with Law no. 28 of 2014 concerning Copyright. In this case the music label Nagaswara as the Plaintiff has also taken non-litigation routes such as mediation but failed and continued with litigation, namely by filing a lawsuit to the Commercial Court.