Qolbi, Rahmadhini Tazkiya (2025) Analisis Pembagian Royalti Lagu Sebagai Harta Bersama Dalam Kasus Banding Perkara Perceraian Nomor 16/Pdt.G/2024/Pta.Jk. Other thesis, Universitas Islam Riau.

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Abstract

The concept of joint property in family law has very important implications for property division after divorce. The appeal case of divorce case number 16/PDT.G/2024/PTA.JK becomes the focus of this research because it involves a dispute over the division of song royalties and makes this an important case to be studied further. This thesis research examines the analysis of song royalty division as joint property in divorce cases in Indonesia and analyzes the judge's considerations in the appeal case of divorce case number 16/Pdt.G/PTA.JK. The method used is the normative legal method. Normative legal research is legal research conducted by reviewing library materials or secondary data. The research results show that Decision Number 16/Pdt.G/2024/PTA.JK establishes an important precedent that recognizes that intellectual assets, particularly royalties from song copyrights, can be categorized as joint property if obtained during marriage. This recognition reflects the adaptability of Indonesia's legal system to the development of the creative economy and the reality of the contemporary music industry that increasingly relies on intellectual assets as the main source of economic value. This decision demonstrates the application of an extensive interpretation of the concept of property in Article 35 paragraph (1) of the Marriage Law, which is no longer limited to physical objects but includes rights that have economic value. The suggestion given by the author is that regarding the division of song royalties as joint property in divorce cases in Indonesia, the Supreme Court needs to issue a Circular Letter or Supreme Court Regulation that provides technical guidelines regarding the handling of intellectual assets in divorce cases, as well as the need for the role of Judges in implementing royalty division as joint property by considering the real contribution of spouses to the creation of works.

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