Analisis Yuridis Mengenai Sengketa Pembayaran Royalti Atas Pemanfaatan Hak Cipta Lagu Atau Musik Yang Tidak Memiliki Lisensi Oleh PT. Viztha Pratama Inul Vista Karoke Di Manado (studi Putusan Mahkamah Agung No. 122.pk.pdt.sus.haki/2015)

Maulana, Andi (2019) Analisis Yuridis Mengenai Sengketa Pembayaran Royalti Atas Pemanfaatan Hak Cipta Lagu Atau Musik Yang Tidak Memiliki Lisensi Oleh PT. Viztha Pratama Inul Vista Karoke Di Manado (studi Putusan Mahkamah Agung No. 122.pk.pdt.sus.haki/2015). Other thesis, Universitas Islam Riau.

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Abstract

The royalty payment dispute between PT Vizta Pratama Inul Vizta Karaoke Manado against the Karya Cipta Indonesia Foundation (YKCI) is one example of a dispute between a Collective Management Institution and a User. Because the defendant as a user committed several violations such as not having a license for 8 months at March 30, 2012 to November 20, 2012 with 55 rooms still in use. This dispute has been examined and decided at the Makassar Commercial Court but finally one of the parties filed an appeal and filed a PK after the appeal was issued The author establishes the main problem, namely How is Legal Protection Against Song Copyright or Music Holder that is not paid according to Law 28 of 2014 concerning Copyright in case No.122.PK/PDT.SUS-HKI/2015 and Judges' Judgments in Deciding The Case According to Case Verdict No.122.PK/Pdt.SUS-HKI/2015 and according to Law No. 28 of 2014 concerning Copyright. In writing this thesis using normative legal research methods namely Research to study and explore and look for answers about what should be of each problem studied which consists of 3 (three) primary, secondary and tertiary legal materials and is descriptive, namely research that explains in the form clear and detailed sentences. Copyright Protection whose royalties have not been paid by the Defendant has been prosecuted by the plaintiff in court, this is done to claim compensation to the District Court for the delay of PT Vizta Pratama Inul Vizta Karaoke Manado in paying royalties to the Plaintiff, because according to the Plaintiff that the Defendant did can be categorized as an Unlawful Act. Legal considerations conducted by the Judges of the Commercial Court at the Makassar District Court that the Defendant has violated the copyright of the song / music copyrighted song, which is performing without the Plaintiff's permission that is qualified as a Legal Action (PMH) and punishing the Defendant pay compensation / royalty of Rp. 15,840,000. However, at the level of cassation of the cassation request submitted by the Cassation Appellant, PT Vizta Pratama Inul Vizta Karaoke Manado Indonesia, the Cassation Respondent / Plaintiff was granted to pay the court fees at all levels of the court, which in the cassation level was set at Rp.5,000,000, while in Case of Judgment No.122.PK/Pdt.SusHKI/2015, the Panel of Judges ruled that the Plaintiff as a collective management institution was not an institution that sought profit because it contradicted Article 1 of Law Number 28 of 2004 concerning Foundations, and activities royalty collection is for the benefit of the Creator / Musician not to seek profit, therefore what the Plaintiff requires is true and the Defendant has indeed committed an unlawful act for not paying royalties to the Plaintiff.

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