International Journal of Judicial Law  |  ISSN: 2583-6536  |  Double-Blind Peer Review  |  Open Access  |  CC BY 4.0

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     2026:5/3

International Journal of Judicial Law

ISSN: (Print) | 2583-6536 (Online) | Impact Factor: 8.09 | Open Access

The Authority of Collective Management Institutions in the Commercial Management of Song Royalties

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Abstract

The management of song and/or music copyright royalties in Indonesia involves the National Collective Management Institution (LMKN) and the Collective Management Institution (LMK) as the primary institutions. However, the arrangement of authority between the two institutions indicates a disharmony of legal norms, particularly between Government Regulation Number 56 of 2021 and Minister of Law Regulation Number 27 of 2025. The main problem lies in the unclear norms regarding the LMK's authority in collecting royalties, which are not normatively provided in higher-level regulations but implicitly appear in lower-level regulations. This study aims to analyze this conflict of authority and formulate a legal harmonization capable of creating legal certainty in the royalty management system. This study uses a normative juridical method with a statutory and conceptual approach. The results show that the unclear norms have created legal uncertainty, the potential for actions exceeding their authority, and institutional conflict between LMKN and LMK. Therefore, legal harmonization is needed. The authority of LMK in managing royalties is experiencing legal ambiguity. The ambiguity in this norm lies in Article 36 paragraph (1) of the Minister of Law and Human Rights Regulation on Royalties, which allows LMKs to collect royalties from users commercially. This ambiguity in the norm can create legal uncertainty regarding the collection of song royalties from commercial users. Furthermore, LMKs' authority in managing song royalties commercially is limited to collecting and distributing royalties to their members in accordance with the Government Regulation on Song Royalties. However, the Minister of Law and Human Rights Regulation on Royalties provides LMKs with the authority to collect royalties if they have obtained an operational permit from the Minister.

How to Cite This Article

I Made Bagus Bhismananda, I Wayan Novy Purwanto (2026). The Authority of Collective Management Institutions in the Commercial Management of Song Royalties . International Journal of Judicial Law (IJJL), 5(4), 143-149. DOI: https://doi.org/10.54660/IJJL.2026.5.4.143-149

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