Volume 6, Number 1, 2025
https://ijble.com/index.php/journal/index
Legal Review of the Use of Song Without Consent in Accordance
with Law No. 28 of 2014
Amanah Taharah1, Muhammad Arif Prasetyo2, Amanda Okta Pamellia3, Akbar reza
fauza4
Fakultas Hukum Universitas Prima Indonesia
[email protected], .id2,
[email protected],
[email protected]
Corresponding authors:
ABSTRACT
To produce aesthetically pleasing compositions, musicians employ a variety
of instrumental sounds. Copyright refers to the exclusive right of a creator to
maintain ownership of their work and to derive economic benefit from it. Under
copyright law, the unauthorized use of musical works is strictly prohibited. This
study aims to: (1) examine the enforcement of Law No. 28 of 2014 by the
Indonesian government in protecting the rights of songwriters; and (2) analyze
the implementation of licensing agreements by both producers and users.
Employing a normative legal approach, this study emphasizes that the
government plays a crucial role in protecting music creators and copyright
holders from infringement through legal enforcement. Licensing and
registration constitute fundamental components of copyright protection.
Moreover, the government is expected to take active measures in raising
public awareness about the importance of respecting and protecting
intellectual property rights. The primary purpose of licensing agreements is to
prevent legal disputes and to deter unauthorized actions by third parties that
violate the stipulated terms and conditions.
Keywords:
Copyright. Songs.
Music Platforms
INTRODUCTION
Music is a universal form of art that embodies the creative expression of human
emotions, ideas, and cultural values. It integrates various elements such as melody,
tempo, harmony, and vocals to convey meaning and evoke responses from listeners.
As noted by Uway (2017), music is created by a composer and performed by a vocalist
as a medium for expressing insights and emotions.
Etymologically, the term music derives from the Greek word muse, which refers
to the nine goddesses in Greek mythology who preside over the arts and sciences. Over
time, the term evolved to encompass the skills and techniques applied by musicians in
producing rhythmic and melodic sounds. The Indonesian Dictionary (KBBI) defines
music as a combination of rhythmic sound variations, lyrical melodies, and stylistic
performances that form a coherent artistic work.
In the context of Indonesian positive law, musical works are categorized as
protected intellectual property under copyright law. According to Article 40 paragraph
(1) letter d of Law No. 28 of 2014 on Copyright, musical creations, with or without
accompanying lyrics, are explicitly protected as artistic works (Siantur, 2021). This legal
provision safeguards the moral and economic rights of creators.
Copyright, as a component of intellectual property rights (IPR), plays a pivotal role
in recognizing and protecting the products of human creativity. As Rahmanda and Benuf
(2021) assert, humans, endowed with the ability to think creatively, produce original
works that warrant legal protection. Copyright thus serves as a form of acknowledgment
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and reward for intellectual efforts, promoting both cultural development and economic
innovation.
However, in the digital age, the protection of copyright faces significant
challenges, particularly with the increasing prevalence of unauthorized use of musical
works. One common form of infringement is the creation and dissemination of cover
songs—unauthorized renditions of original works—through digital platforms such as
YouTube and social media. This phenomenon often results in cover artists gaining more
recognition than the original creators, thereby raising concerns about fairness and
attribution.
From a legal perspective, cover songs constitute derivative works that require
permission from the original copyright holder, especially when used for commercial
purposes. The economic theory of copyright emphasizes that exclusive rights
incentivize creators by allowing them to reap financial benefits from their works (Landes
& Posner, 2003). Consequently, the unauthorized commercial use of such works,
without compensation or acknowledgment, constitutes a breach of the creator’s rights
and undermines the purpose of copyright protection.
Despite the legal framework, many musicians remain unaware of or intentionally
disregard the necessity of obtaining permission, often citing personal or educational
motives. Yet, when these activities generate revenue, they legally fall under the domain
of copyright exploitation. Such violations not only harm the creators but also erode the
broader culture of respecting intellectual property rights. Therefore, it is imperative to
conduct a comprehensive legal analysis of the unauthorized use of musical works within
the framework of Law No. 28 of 2014, to promote awareness and foster a more ethical
creative ecosystem.
METHOD
This study employs a normative juridical approach, also known as doctrinal legal
research, which focuses on the analysis of legal norms, principles, and regulations
relevant to the issue under examination. As explained by Marzuki (2005), normative
legal research is concerned with studying law as a set of norms, rules, and doctrines
within the legal system. In this context, the research analyzes legal theories, statutory
provisions, and jurisprudence—particularly those embedded in Law No. 28 of 2014 and
related laws—to understand the legal implications of unauthorized song usage.
The normative juridical approach is particularly suitable for examining the
protection of copyright and the enforcement of intellectual property rights in Indonesia.
It involves an in-depth examination of statutory regulations, including but not limited to
Law No. 28 of 2014 on Copyright, and other relevant legal sources such as court
decisions, legal commentaries, and academic literature. Through this method, the study
aims to evaluate the adequacy of existing legal protections and identify legal gaps or
inconsistencies regarding the unauthorized commercial use of musical works.
In addition, the research adopts a descriptive-analytical approach, which aims to
systematically describe and analyze the legal issues and empirical realities surrounding
copyright infringement through cover songs. This approach helps to provide a
comprehensive understanding of the legal framework and its application in real-world
scenarios (Soekanto & Mamudji, 2001). The descriptive element serves to explain the
structure and substance of the legal rules, while the analytical element examines how
those rules operate and are enforced in practice.
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RESULTS AND DISCUSSION
1. The Role of the Government in Protecting Musical Works under Law No. 28 of
2014 on Copyright
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