REKONSTRUKSI PROPORTIONAL LIABILITY DALAM TANGGUNG JAWAB PEMBAYARAN ROYALTI PERFORMING RIGHTS PADA KONSER KOMERSIAL: Analisis Putusan Agnez Mo versus Ari Bias

Abstract

The copyright dispute between Agnez Mo and Ari Bias concerning the commercial performance of the song  “Bilang Saja” raises fundamental questions regarding the legal construction of performing rights royalty obligations under Indonesian Law. The case exposes a normative tension between Article 9 and article 23 paragraph (5) of Law number 28 of 2014 on Copyright, particularly in relation to the requirement of direct authorization from the copyright holder and the collective royalty management mechanism established under Government Regulation Number 56 of 2021. The commercial court decision ordering the singer to pay 1.5 billion rupiah in damages reflected a textual interpretation of the author’s  exclusive rights. However the reversal by the Mahkamah Agung Republic of Indonesia at the appeal emphasized procedural accuracy regarding legal standing ( Error In Persona )and highlighted the role of concert organizers as commercial users deriving direct economic benefits from performance. This research adopts a normative judicial method employing statutory and case  analysis approaches. The findings suggest that Indonesia’s copyright regime has substantively embraced a collective royalty management model administered by the Lembaga Manajemen Kolektif Nasional (LMKN). Consequently, liability for performing rights royalties should , in principle, be proportionally allocated to commercial event organizers or users, unless otherwise contractually stipulated. Divergent interpretations of statutory provisions risk creating legal uncertainty and potentially disrupting the sustainability of the national music industry. This article proposes a doctrinal reconstruction grounded in legal certainty and legal protection theories to ensure a balanced framework between safeguarding authors economic rights and providing predictable legal standards for performers and industry stakeholders.