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International Journal of
Law, Policy and Social Review
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VOL. 8, ISSUE 3 (2026)
Legal certainty of royalty payments for musical performing rights following the Constitutional Court decision number 28/PUU-XXIII/2025 in Indonesia
Authors
Simon Petrus Umpanmetan, Kadek Wiwik Indrayanti, Diah Aju Wisnuwardhani
Abstract
Payment of royalties for music performance rights is part of the protection of the economic rights of creators and copyright holders. In practice, this regulation still gives rise to different interpretations regarding the obligation to obtain permission from creators, parties obliged to pay royalties, and payment mechanisms through Collective Management Institutions (LMK), thus creating legal uncertainty. Constitutional Court Decision Number 28/PUU-XXIII/2025 is present to provide a constitutional interpretation of these provisions. This study aims to analyze the legal certainty of payment of royalties for music performance rights for creators and copyright holders after Constitutional Court Decision Number 28/PUU-XXIII/2025 and analyze the legal implications of the decision on the collection and management mechanisms for royalties for music performance rights by LMK in Indonesia. This research is a normative legal research with a statutory approach, a case approach, and a conceptual approach. The results of the study indicate that the Constitutional Court Decision Number 28/PUU-XXIII/2025 has increased legal certainty by affirming that commercial performance organizers are the parties obliged to pay royalties, royalty payments are made through the LMK mechanism in accordance with statutory provisions, the determination of the amount of royalties refers to the applicable mechanisms and rates, and dispute resolution prioritizes the principle of restorative justice. In addition, the decision has legal implications that are clarifying, harmonizing, and protective of the royalty collection and management mechanism by strengthening the legitimacy of LMK and LMKN and clarifying the legal relationship between creators, copyright holders, performance organizers, and commercial users.
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Pages:57-62
How to cite this article:
Simon Petrus Umpanmetan, Kadek Wiwik Indrayanti, Diah Aju Wisnuwardhani "Legal certainty of royalty payments for musical performing rights following the Constitutional Court decision number 28/PUU-XXIII/2025 in Indonesia". International Journal of Law, Policy and Social Review, Vol 8, Issue 3, 2026, Pages 57-62

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Legal certainty of royalty payments for musical performing rights following the Constitutional Court decision number 28/PUU-XXIII/2025 in Indonesia | International Journal of Law, Policy and Social Review