ANALISIS YURIDIS TERHADAP PERTIMBANGAN HUKUM HAKIM MAHKAMAH AGUNG DALAM PENERAPAN PASAL 1 ANGKA 6 UU HAK CIPTA TENTANG PELAKU PERTUNJUKAN (STUDI PUTUSAN NOMOR 825 K/PDT.SUS-HKI/2025)

Copyright is part of intellectual property rights in which there are exclusive rights for the Creator which aims to meet the needs of the economic rights of the Creator and the Moral Rights inherent in the Creator. This research is motivated by the difference in approach between the court at the first level and the Court at the Cassation level in handling copyright disputes of commercial music performances as reflected in Decision Number 92/Pdt.Sus-HKI/Cipta/2024/PN. Niaga Jkt Pst and Cassation Decision Number 825/Pdt.Sus-HKI/2025. This difference in approach raises juridical problems, especially related to the application of Article 1 Number 6 of Law Number 28 of 2014 concerning Copyright in assessing the existence of a party's shortcomings (error in persona). The main focus of this study is to analyze how the legal considerations of Supreme Court judges in Decision Number 825 K/Pdt.Sus-HKI/2025 and examine the implications of the law on copyright protection in Indonesia. The method used is Normative Juridical Juridical approach, with a legislative approach and Case Study based on Decision Number 92/Pdt.Sus-HKI/Cipta/2024/PN. Niaga Jkt.Pst and Cassation Decision Number 825 K/Pdt.Sus-HKI/2025. The results of this study show that the Supreme Court did not re-examine related to Copyright Infringement and stated that the lawsuit contains a lack of parties (error in persona). The use of Article 1 Number 6 of the UUHC is used only to explain the subject of the Performance Performer and cannot be used as a basis to determine the shortcomings of the parties. The use of Article 1 Number 6 of the UUHC creates a space for interpretation in the judge's legal consideration regarding the relationship between the performer and the assessment of the completeness of the parties in the lawsuit. In this study, it is shown that the Cassation Decision with Number 825 K/Pdt.Sus-HKI/2025 has important implications for Copyright Protection.