PELAKSANAAN PEMBAYARAN ROYALTI PADA LAGU YANG DIGUNAKAN OLEH RADIO DI PEKANBARU BERDASARKAN PERATURAN PEMERINTAH NOMOR 56 TAHUN 2021 TENTANG PENGELOLAHAN ROYALTI HAK CIPTA LAGU DAN MUSIK

Abstract

Law Number 28 of 2014 concerning copyright, hereinafter referred to as the
Copyright Law in Article 1 Paragraph 1, says that copyright is the copyright of the
creator that arises automatically based on the declarative principle after a work is
realized in a tangible form without reducing the complexity in accordance with
the provisions of the legislation. One of the intellectual property products included
in intellectual property rights is a song. The use of songs accompanied by material
benefits, one of which is in radio media. As quoted from Government Regulation
Number 56 of 2021 Article 3 paragraph (1) that "everyone can make commercial
use of songs and or music in the form of commercial public services by paying
royalties to creators, copyright holders, and or rights owners." related through
LMKN. The purpose of writing this thesis namely; First, the implementation of
royalty payments for songs used by radio in Pekanbaru city. Second, factors that
become obstacles in implementing royalty payments for songs used by radio in
Pekanbaru city.
This type of research can be classified into the type of sociological
juridical research, examining the legal aspects by looking at the applicable
legislation and comparing it with the implementation obtained in the field. This
research was conducted at the RRI and Gress FM radio companies, while the
population and sample were all parties related to the problems studied in this
study. Sources of data used are primary data and secondary data. Methods of data
collection in this study by interviews and literature study.
From the results of the research problem, there are two main things that
can be concluded. First, the implementation of royalty payments on both private
radio and state radio in Pekanbaru has a difference, where royalty payments by
private radio in Pekanbaru do not carry out according to applicable regulations,
while on radio The country, namely RRI radio, stated that the central RRI radio
had paid according to the procedures in force. Second, the factor that becomes an
obstacle in the payment of royalties is that private radio does not benefit from the

JOM Fakultas Hukum Universitas Riau Volume X No. 1 Januari – Juni 2023 Page 2
songs that must be paid royalties and the second factor is due to a lack of
understanding of the rules governing the payment of royalties. Author's
suggestion, First, LMKN must immediately create and use a Song and Music
Information System and optimize its use to facilitate royalty management.
Second, LMKs need to make improvements in collecting royalties, LMKNs need
to socialize the Copyright Law, Content, and the rules contained in the Law in
order to increase understanding of the importance of paying royalties.

Keywords: Payment-Royalty