Position Of Song Copyright Royalties As Joint Property After A Divorce Decision Reviewed From The Copyright Law (Study Of Decision Number 1622/Pdt.G/2023/Pa.Jb)

Abstract

This research is motivated by the birth of the Decision of case number 1622 / Pdt.G / 2023 / PA.JB which is the first decision in Indonesia that stipulates song copyright royalties as joint assets obtained during the marriage. This study aims to determine and analyze the position of song copyright royalties as joint assets after a divorce decision reviewed from the Copyright Law and Civil Law and the legal consequences of Royalties as Joint Assets After a Divorce Decision Reviewed from the Copyright Law after Decision Number 1622 / PDT.G / 2023 / PA.JB) The research method used is a normative juridical method with a statutory approach with a qualitative juridical analysis method. The results of the study show that the position of song copyright royalties as joint assets after a divorce decision reviewed from the Copyright Law and Civil Law is that song copyright royalties in decision number 1622 / Pdt.G / 2023 / PA.JB are categorized as joint assets because they have economic value and are considered as intangible movable objects obtained during a legal marriage, then all profits from these royalties become joint assets including all derivatives. This is because the song creation process is carried out during the marriage period and in the Copyright Law, including the status of rights and protection of the creator's rights to these royalties and the legal consequences of Royalties as Joint Assets After a Divorce Decision Reviewed from the Copyright Law after Decision Number 1622 / PDT.G / 2023 / PA.JB is that by being recognized as joint assets, they must be divided, this is based on the legal aspect of property that royalties are intangible movable objects in the form of rights. The determination of royalties as joint marital assets is in principle correct because it is considered a right in the form of income. In its decision, the Panel of Judges determined that the royalty distribution would be 50% for each party without any clear legal considerations, as royalties are part of copyright. This limited interpretation of the division of joint assets into two equal parts contradicts the principle of protecting the rights of creators in the context of intellectual property law. There are no explicit legal provisions regarding the mechanism for dividing royalties in marriage or after a divorce. This creates legal uncertainty that could potentially lead to future disputes, especially if the royalties are long-term or inherited.