PENEGAKAN HUKUM TERHADAP PELANGGARAN HAK CIPTA LAGU DALAM BISNIS KARAOKE (Analisis Yuridis Putusan MA Nomor: 122 PK/Pdt.Sus-HKI/2015 )

Abstract

 Law Enforcement of Copyright Infringement (Juridical Analysis of the InulVista Case), it is interesting to study because this case explains the violation of IPR specifically for songs, has provided lessons on how the struggle to get the right to act against the law through copyright. Through research methods with a normative approach, data collection through library data collection and analyzed by connecting data with each other through conclusions deductively, then this study concludes that; Law enforcement in violating IPR, especially Song Copyright, between KCI as the Foundation that receives the mandate to collect Royalty from the Licensee and share it back to the creator with Inul Vista as the License holder. This case was resolved at the Commercial Court, at the First Level examination (Commercial Court / District Court) KCI won and Inul Vista must compensate for the use of copyrighted songs without permission because the license has expired. However, Inul Vista did not accept it, so he filed a cassation effort. The Supreme Court Judge granted Inul Vista's Cassation request, as a result KCI did not receive Royalty, but KCI submitted a Judicial Review (PK) and the request was granted by the M.A and won the KCI so that this matter had become Yurusprudensi. As for the consideration of the Supreme Court Justices gave the Cassation Decision won by Inul Vista Karaoke, in principle, the existence of the KCI as a foundation may not seek profits in accordance with the Law of the Foundation. However, the consideration of the Supreme Court Judges who received PK Number: 122 PK / Pdt.Sus-HKI / 2015 granted the KCI's request for consideration that the existence of KCI as a Foundation is not seeking profit but carrying out the mandate to receive the rights of the creator and distribute it to the Creator. It is better if KCI as an intermediary to receive royalty fees from License holders must be more intensive in socializing their existence, so that the parties are more understood that their existence is not seeking profits but to run social activities in accordance with the objectives of the Law on Foundations. Then in carrying out the mandate of the IPR Law more often reminds licensees that the deadline for cooperation agreements on licenses will expire and so that they can be extended or terminated, to the licensees to comply, if the expiration date of the use of the song can be categorized Breaking the Law (PMH).