IMPLEMENTASI PENARIKAN DAN PENGHIMPUNAN ROYALTI ATAS HAK CIPTA LAGU DAN/ATAU MUSIK BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA (STUDI KASUS DI LEMBAGA MANAJEMEN KOLEKTIF DAN LEMBAGA MANAJEMEN KOLEKTIF NASIONAL)

Copyright is the exclusive right of the creator that arises automatically based on declarative principles after a work is realized in a tangible form without reducing restrictions in accordance with the provisions of laws and regulations. Songs and/or music are included in one form of a work. Therefore, every Creator has the right to get his rights to all the works created, one of which is to get a reward in the form of royalties as the creator's economic right. Withdrawal, collection and distribution of royalties carried out by LMKN. In the process of withdrawing and collecting royalties, there are still misalignments between LMK and LMKN where the two institutions respectively continue to withdraw and collect royalties even though it has been agreed that the one who makes the withdrawal, collection, is LMKN. Therefore, the authors are interested in discussing how the implementation of the withdrawal and collection of royalties on copyrighted songs and/or music by LMK and LMKN, what are the factors that affect the effectiveness of the withdrawal and collection of royalties by LMK and LMKN and whether the withdrawal and collection of royalties by LMK and LMKN are in accordance with Law Number 28 of 2014 concerning Copyright. The theory used in this research is the theory of legal protection and the theory of legal effectiveness. This research was conducted by going directly to the field to find data and information, with the approach that the compilers used was a juridical-empirical approach, while the data collection methods were interviews and literature study. This research is categorized as field research and is a qualitative research. Based on the results of this study, it shows that the implementation of the withdrawal and collection of royalties on song and/or music copyrights by LMK and LMKN has not run effectively, there are several factors that influence it, one of which is the uneven distribution of information regarding the obligations of users who use songs commercially. to pay royalties through LMKN, users who complain about the amount of royalties already in effect in the Decree of the Minister of Law and Human Rights of the Republic of Indonesia Number HKI.2.OT.03.01-02 concerning Ratification of Royalty Tariffs, inadequate infrastructure and people who have not played an active role optimally. Often there is misalignment between LMK and LMKN in carrying out their duties. so coordination between the two is very much needed. LMK and LMKN in carrying out their duties have referred to Law Number 28 of 2014 concerning Copyright, but in their implementation there is still no good continuity. The solution that can be done is that those who are authorized to attract and collect the LMKN then distribute the LMK. So there is continuity between the two institutions. Another effort that can be made so that there is continuity and harmony between LMKs and LMKNs is that LMKNs must obtain substitution power from all LMKs that already have the conditions specified in the UUHC