Thesis submitted by Andika Wijaya. It has passed the final exam held in the Postgraduate Program, Faculty of Law, Brawijaya University, Malang on March 2008.
Andika Wijaya, Students of Master of Law Program, 2005, The Legal Discretion of Karya Cipta Indonesia (KCI) Foundation on Legal Protection for Indonesian Music Work Copyright. Supervisor: Afifah Kusumadara. Co-supervisor: Bambang Winarno.
The song creators establish Karya Cipta Indonesia (KCI) Foundation on January of 1991. The Foundation aims to manage the royalty accepted by song creators for the use of their song by commercial-oriented users. KCI collects the royalty in pursuant to the agreement of authority relates to the Act No.19 of 2002 on Copyright to strengthen song creators right. The agreement of authority delegation brings out a legal discretion for KCI to provide legal protection for music work (songs) copyright. However, some users feel doubt (through multi interpretation) about KCI discretion in collecting royalty and the collection often faces some barriers.
Problem of research seems that: (1) How does the law discretion suppose to be used by Karya Cipta Indonesia (KCI) Foundation to provide legal protection for music work copyright, especially on the behalf of the worker or copyright holder? (2) What does the barriers seem facing the Karya Cipta Indonesia (KCI) Foundation in collecting royalty from commercial users and what does the solution refer to?
Research type constitutes empirical legislation research using normative juridical approach. Qualitative descriptive analysis comes into consideration in which the collected data contain cases in the field rather than sequence in the classification structure.
Results of research indicate that the discretion of rights and obligations submits to the legal discretion based on the purpose and objective. Therefore, KCI has such discretion to become a part of legal system to provide legal protection for music work (songs) copyright. Act No.19 of 2002 on Copyright doesn’t give government’s official appointment for KCI to become collecting society. It leads to the users doubt against KCI’s legal discretion.
According to these results, research suggests that Act No.19 of 2002 on Copyright should be revised to include such consideration. It may be purposed to ensure legal certainty and to provide better legal protection to Indonesian music workers (song creators).