Muhammad Syafi’i, Muhammad Syafi’i (2025) Hak Cipta Atas Lagu Komersial Sebagai Jaminan Fidusia Dalam Perspektif Economic Analysis Of Law. Doctoral thesis, Universitas Islam Riau.

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Abstract

Creative economic growth is part of policy steps to improve the economy, by making the basic source intellectual or ideas or creativity. Until the first quarter of 2024, Indonesia's creative economy sector achieved added value of IDR 749.58 trillion, or 55.65 percent of the target of IDR 1,347 trillion. One significant contributor to the creative economy is the art of music. The circulation of music concerts, which held up to 3,000 concerts, both international, national, medium and regional, created an economic turnaround that increased by US$ 11 billion, around 5%, and created 250,0000 jobs. Creators can financially benefit from their work through concerts, licensing, royalties, or copyright sales. Copyright, which relates to works of art or intellectual work, is not easy to quantify, and is not an ideal choice, when used as fiduciary collateral. Although the concept of copyright as a fiduciary is attractive, in practice it is very limited and depends on specific legal policies and regulations, when implemented. So, a solution must be found for this. So the aim of this writing is to find the regulation of copyright for commercial songs as a fiduciary guarantee in Indonesia, as well as to find the ideal regulation of copyright for commercial songs as a fiduciary guarantee in the perspective of economic analysis of law. So in this research, we use normative juridical methods, researching, researching, library-wise, then connecting various concepts, then analyzing various theories, to find the ideal regulation of copyright for commercial songs as a fiduciary guarantee in the perspective of economic analysis of law. The results of his research found that the regulation of copyright on commercial songs as a fiduciary guarantee in Indonesia is currently not regulated clearly and in detail, let alone implemented and enforceable. It can be seen that the Copyright Law has stated materially in Article 16 paragraph (3) of Law Number 28 of 2014 concerning Copyright, which confirms that copyright can be used as fiduciary security, but formally this cannot be implemented. The ideal regulation of copyright for commercial songs as a fiduciary guarantee. In the Economic Analysis of Law Perspective, can refer to a concept that should be inseparable from philosophical, sociological and juridical foundations, which are then added to by strengthening various principles and theories in finding The ideal setting, which also pays attention to Economic Efficiency. So that commercial Song Copyright can develop by increasing the efficiency of the Credit Market, then expanding access to financing, and even encouraging innovation among music workers, with coherent and efficient arrangements, which produce a stable system so that it can run smoothly.

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