Analisis Yuridis Perbuatan Melawan Hukum terhadap Pelanggaran Hak Cipta Lagu Obuk Celleng (Studi Putusan Mahkamah Agung No. 464 K/Pdt.Sus-HKI/2024)

Abstract

The proliferation of song copyright infringement in the digital era, particularly on the YouTube platform—where works are frequently used or altered without the original creator's permission—serves as the background of this research. The primary issues examined include the legal regulation of copyright, the legal consequences of Unlawful Acts (Perbuatan Melawan Hukum/PMH) within the context of copyright, and a juridical analysis of the judges' considerations in the Supreme Court Decision Number 464 K/Pdt.Sus-HKI/2024. This research uses a normative juridical with a descriptive-analytical approach. Data collection was conducted through library research, utilizing primary, secondary, and tertiary legal materials. The data were analyzed qualitatively to draw deductive conclusions. The results of the study indicate that the act of duplicating the lyrics, notation, chords, and arrangement of the song "Nasib Force One Buruk" owned by Rahman Efendi into the song "Obuk Celleng" without permission constitutes an Unlawful Act as regulated under Article 1365 of the Indonesian Civil Code (KUHPerdata). In its decision, the Supreme Court declared that Rahman Efendi is the legitimate creator and copyright holder, and subsequently annulled the copyright registrations made unlawfully by other parties. The conclusion of this research confirms that the PMH instrument is highly effective in protecting the economic and moral interests of creators in intellectual property rights disputes in Indonesia.