| dc.description.abstract | Royalties are compensation granted to holders of intellectual property rights.
Payments are generally made periodically, calculated based on a percentage of
revenue or the frequency of use of the work. To date, no specific regulations
explicitly govern royalties as part of marital joint property. The lack of clarity in
legislation creates uncertainty in determining the status and distribution
mechanism of royalties in divorce cases. This study aims to examine whether
royalties generated from copyrighted works during marriage can be categorized as
joint property and how they should be distributed after divorce. The research
method used is normative, focusing on legal studies through written norms and
rules found in various laws, legal doctrines, and court decisions. The research also
adopts a statute approach and a case approach. Data collection techniques include
observation, literature review, and document analysis, with qualitative data
analysis. The study results indicate that, in the case of Inara Rusli and Virgoun,
royalties cannot be classified as joint property if there is no agreement or tangible
evidence of the spouse’s contribution to the creation of the work, as stipulated in
Article 16(1) of the Copyright Law and Article 35(1) of Law No. 1 of 1974 on
Marriage. Furthermore, the ruling in case No. 166/PDT.G/2023/PA.JB, which
established a 50%-50% royalty division, is considered disproportionate, as the
court did not take into account the mechanism of copyright transfer as stated in
Article 16(1) of the Copyright Law or the possibility of differing distribution as
regulated in Article 91(3) of the Compilation of Islamic Law. | en_US |
