Tanggung Jawab Hukum Penyanyi dan Penyelenggara Pertunjukan atas Penggunaan Komersial Lagu Ciptaan Pihak Ketiga

Abstract

Commercial performances of songs created by third parties involve at least the creator, the singer or performer, and the event organizer. The legal problem concerns which party must bear the responsibility for authorization and royalty payment when a third-party song is performed for commercial purposes. This study examines the normative position of the parties through a normative juridical method using statute, conceptual, and case approaches, with particular attention to Supreme Court Decision Number 825 K/Pdt.Sus-HKI/2025. The analysis shows that the Supreme Court decision should not be read as a final adjudication on the substantive allocation of liability because the dispute was affected by a defect in the composition of the parties. The current legal position is further clarified by Constitutional Court Decision Number 28/PUU-XXIII/2025, which conditionally interprets Article 23 paragraph (5) of the Copyright Law so that the term “Every Person” includes commercial performance organizers. Regulation of the Minister of Law Number 27 of 2025 also strengthens the royalty management framework. The singer retains related rights as a performer, but performance alone does not make the singer the default royalty payer. Legal certainty therefore requires clearer allocation of duties, pre-event royalty compliance, and standardized contractual clauses.