PERLINDUNGAN HUKUM TERHADAP HAK EKONOMI PENCIPTA LAGU YANG TIDAK TERGABUNG LEMBAGA MANAJEMEN KOLEKTIF DITINJAU DARI PP NO. 56 TAHUN 2021 TENTANG PENGELOLAAN ROYALTI HAK CIPTA LAGU DAN/ATAU MUSIK

This study aims to analyze the form of legal protection for the economic rights of
songwriters who are not affiliated with a Collective Management Organization
(LMK) and its implications for the royalty distribution management system. The
main focus of this research is on how Indonesian positive law, through Law
Number 28 of 2014 concerning Copyright, Government Regulation Number 56 of
2021, and its derivative regulations, provides legal guarantees and protection for
independent creators outside the collective management mechanism. The research
employs a normative juridical method with a statutory approach, supported by
literature studies in the form of legal doctrines, academic journals, and analyses
of relevant court decisions. This approach was chosen to understand the extent to
which existing legal norms have accommodated the interests of songwriters who
are not registered in the LMK or LMKN collective management systems. The
results of this study indicate that, normatively, the economic rights of songwriters
remain protected under the declarative principle, meaning that legal protection
arises automatically once the work is created. However, in practice, songwriters
who are not members of LMK face several challenges, including weak bargaining
positions in contractual agreements, limited administrative access to the Song and
Music Information System (SILM), and difficulties in collecting royalties
effectively. These conditions create a gap in legal protection between songwriters
who are members of LMK and those who are not. Therefore, this study
emphasizes the need for more inclusive policy reforms, enhanced transparency
and accountability in LMK management, and a stronger governmental role in
overseeing royalty distribution to ensure that the legal protection of songwriters’
economic rights can be realized fairly and effectively.