March 14, 2025
JAKARTA – Twenty-nine Indonesian musicians have filed a judicial review with the Constitutional Court, challenging five provisions of the Copyright Law, particularly regarding the royalty payment mechanism for performing rights, amid an ongoing legal dispute between a singer and a composer. The petition was uploaded to the Court’s website on Wednesday.
Prominent musicians, including Ariel of Noah, Armand Maulana of Gigi, Dewi Gita and Ruth Sahanaya, as well as younger singers Bernadya and Nadine Amizah, are among the petitioners who filed the judicial review on Friday.
One key provision under challenge is Article 9, Paragraph 3 of the Copyright Law. The musicians seek a clearer reinterpretation, arguing that direct permission from copyright holders should not be required for a performance as long as royalties are paid. They also want the Court to strengthen the requirement that royalties must be processed through Collective Management Organizations (LMK).
Additionally, the musicians are seeking a ruling that non-collective or discriminatory royalty collection is illegal. They also want the Court to clarify that event organizers are responsible for paying royalties to copyright holders, unless otherwise agreed. The petition also proposes that royalty payments be made after an event, based on the actual financial condition of the event organizers.
“It would be far more practical to make payments after the performance, calculating from the actual financial conditions of event organizers,” the musicians stated in their petition.
Another demand is to annul penalty clauses for unpaid royalties.
This legal challenge follows a recent case where composer Ari Bias won a lawsuit against singer Agnez Mo for performing his song “Bilang Saja” (Just say it) without permission or paying royalties. The Central Jakarta Commercial Court ruled in Ari’s favor, ordering Agnez to pay Rp 1.5 billion (US$91,325) in fines. Agnez has since filed an appeal with the Supreme Court.
The case has sparked a debate in the music industry, with some musicians arguing that singers should not be held responsible for unpaid royalties. They believe that event organizers should bear the responsibility, as they have detailed financial records to calculate royalty payments.
Before filing the judicial review, the musicians met with Law Minister Supratman Andi Agtas in mid-February to express their concerns over the ongoing royalty dispute regulated under the Copyright Law. The minister stated that their input would be considered in the upcoming revision of the Copyright Law.