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ANALISIS PENERAPAN ROYALTI PEMUTARAN MUSIK TERHADAP PELAKU USAHA COFFEE SHOP DI YOGYAKARTA (STUDI KASUS JOGLO KOPI PLUMBON DI BANGUNTAPAN BANTUL)
This study employs a socio-legal (juridical-empirical) research method, a methodological framework that transcends mere textual analysis of positive legal norms (law in books) by critically examining the dynamics of implementation, effectiveness, and the manifestation of law within social reality (law in action). A qualitative approach was purposively selected to conduct a holistic and in-depth exploration of the phenomena surrounding legal compliance and legal awareness among commercial business actors regarding their music royalty obligations. Primary data in this study were gathered through in-depth interviews with key stakeholders, including the management of Joglo Kopi Plumbon, representatives from the Directorate General of Intellectual Property (DJKI), and the National Collective Management Organization (LMKN). These data were further corroborated through a documentation study of relevant regulations to identify the discrepancies between das Sollen and das Sein in the enforcement of copyright law The results show that the implementation of royalty payment obligations at Joglo Kopi Plumbon has not been carried out in accordance with regulations. The management still uses digital music services (such as Spotify/YouTube) with personal accounts for commercial purposes, which is legally considered copyright infringement due to the lack of a license for public performance. The main obstacles are the lack of understanding among business owners and the lack of socialization regarding the payment mechanism. From the perspective of Al-Maslahah Al- Mursalah, the obligation to pay royalties is valid to protect the property rights (hifz al-mal) of the creator and uphold justice (‘adl). However, its application must meet the principle of proportionality so as not to cause hardship (masyaqqah) or harm (dharar) to micro and small businesses, thereby achieving a balance (tawazun) between copyright protection and business sustainability.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ANALISIS PENERAPAN ROYALTI PEMUTARAN MUSIK TERHADAP PELAKU USAHA COFFEE SHOP DI YOGYAKARTA (STUDI KASUS JOGLO KOPI PLUMBON DI BANGUNTAPAN BANTUL) (Text)
ANALISIS PENERAPAN ROYALTI PEMUTARAN MUSIK TERHADAP PELAKU USAHA COFFEE SHOP DI YOGYAKARTA (STUDI KASUS JOGLO KOPI PLUMBON DI BANGUNTAPAN BANTUL) (Other)
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346.04 HAKI, Undang-undang Hak Cipta, Copy Right