State_s Responsibility for the Protection of Moral Rights in Music Copyright Cases in Indonesia

Abstract

The development of digital technology has made the distribution and transactions of musical works on the internet increasingly day by day supported by the convenience of this technology, coupled with the role of music today which cannot be separated from music, yet this actually made the protection of copyright in cyberspace overwhelmed and not maximized. Especially in Indonesia, even though Indonesia already has regulations on copyright, namely Law Number 28 of 2014. The basic rights of copyright, namely moral rights and economic rights over a work protected by copyright, are not fulfilled yet, especially in moral rights. This publication manuscript will focus on moral rights attached to the creator. Moral rights are exclusive rights inherent in creators that are often underestimated by people who place more emphasis on economic rights which are more visible. It also endangers the position of the creator who is underestimated by the public. The research method used in this research is normative legal research based on positive law namely regulation. The approach method used by the writer in this research is through statutory research approach, which the approach method is to analyze the problem based on the statue or the regulation of the copyright law, Law Number 28 of 2014 which examines aspects of the law of moral rights in music copyright in Indonesia. The source of data is from secondary data or mainly from the copyright law of Indonesia, some journals or other literature related to this research which is collected through library literature study. The government holds accountable to protect the moral rights that become an exclusive rights of the creator in any copyrighted musical work as regulated under Indonesian Copyright Law Number 28 of 2014 equivalent to economic rights, therefore if there is a dispute over the work it can be resolved through litigation or outside litigation. Furthermore, the sense of respect and appreciation of the creator is needed as a form of protection of moral rights of the creator, because moral rights are rights that are related to the integrity and reputation of the creator. Moral rights need to be protected to encourage the creator to create more works. Therefore, the government should introduce deeply about the rights of the creator to the society by providing some socialization or educating children about moral rights, also the state should have specific regulation about moral rights infringement so that society more considers about moral rights of the creator. Keywords: Moral Rights, Creator, Music Copyright, Musical