| dc.description.abstract | The research discusses the violation of moral rights of the song committed by Gen Halilintar against PT. Nagaswara. Gen Halilintar as the defendant without rights and permission from PT Nagaswara (plaintiff) have changed the lyrics and resulted in distortion of "Lagi Syantik" song which belongs to the plaintiff, namely copyright infringement, especially moral rights. The research problems namely violation of moral rights in the case of "lagi syantik" song according to Law No. 28 of 2014 on Copyright. Based on Decision Number 41 PK/ Pdt Sus-HKI/2021, the violation of moral rights becomes more crucial to the creator rather than violation of economic rights stated. The judge's decision contained in Decision Number 41 PK/Pdt.Sus-HKI/2021 has provided legal certainty for creators.
This descriptive research employs normative law. The research data are obtained from literature studies. Data are collected from libraries using document study as datu collection tool. Data are, then, analysed using qualitative methods.
The elements of moral rights violation in the case of "lagi svantik" song according to Law Number 28 of 2014 on copyright, namely Gen Halilintar violates the provisions of Article 5 and Article 9 of the Copyright Law. Article 5 Paragraph (1) lener A states "moral right is the right that is eternally inherent in the Creator whether to still include or not include his/her name on the copy of the work in connection to the use of his/her creation for the public". Based on Decision Number 41 PK / Pdt.Sus-HK1/2021, the violation of moral rights becomes more crucial to the creator rather than violation of economic rights stated. Copyright infringement between PT. Nagaswara and Gen Halilintar family is that moral rights have a leading position in the judge's consideration on Decision No. 41 PK/Pdt. Sus-HKI/2021, this is because the position of creator's moral rights is higher than his economic rights. The Creator has the right to refuse his creation to be modified even though his economic rights have been released to other parties. The judge's decision on Decision Number 41 PK/ Pdt. Sus-HKI/2021 has provided legal certainty for creators. The panel of judges has been right in giving its verdict and has referred to the applicable laws and regulations, namely the Copyright Law where Gen Halilintar has been proven to violate the moral rights of creators by covering, rearranging, and modifying song Ivrics of "Lagi Syantik" without the permission from the copyright owner, namely PT. Nagaswara. Moral right is one of the rights protected in the Copyright Law and the panel of judges in Decision No. 41 PK/Pdt.Sus-HKI/2021 has provided legal certainty where Gen Halilintar must pay the compensation of Rp. 300,000,000.00 (three inundred million rupiahs) to the creators and PT. Nagaswara. | en_US |
