IMPLEMENTASI PENGATURAN ROYALTI PERFORMING RIGHTS DI RESTORAN DAN KAFE DAERAH KABUPATEN CIREBON

Adrean Ibnu Awwali, NIM.: 19103040031 (2023) IMPLEMENTASI PENGATURAN ROYALTI PERFORMING RIGHTS DI RESTORAN DAN KAFE DAERAH KABUPATEN CIREBON. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The restaurant and cafe industry is currently one of the most popular industries. The current competition in the restaurant and cafe business must make business people more creative in thinking of ways to attract customers to visit restaurants and cafes, one of which is by promoting the place. In addition to promoting the location, business owners must create a memorable interior design and usually business owners will change the music or add a band to keep visitors entertained. This is an activity that has a legal impact because songs and / or music or copyrighted works of musicians include intellectual property rights that have been protected by Law Number 28 of 2014 on Copyright. This research analyzes the implementation of performing rights royalty arrangements in restaurants and cafes in Cirebon Regency and the suitability of legal provisions with the practice of collecting performing rights royalties in Cirebon Regency. This research includes field research and library research with an empirical normative approach. This research is descriptive analytical which aims to describe the implementation of performing rights royalty arrangements in restaurants and cafes in Cirebon Regency and its suitability with existing legal provisions. The data used in this research consists of primary data and secondary data. Primary data is obtained by conducting field observations and interviews with related parties. Secondary data is obtained by conducting literature studies in the form of literacy from reports, documentation, historical reports and archives. The research findings indicate that the implementation of performing rights royalty collection by the Indonesian Music Copyright License Organization (LMKN) from restaurants and cafes is carried out through socialization and the establishment of restaurant and cafe associations. The royalty rate for restaurants and cafes is Rp120,000.00 per seat per year, consisting of Rp60,000.00 for creator royalties and Rp60,000.00 for related rights royalties. The number of seats is used as the determining factor for calculating the royalty rate. However, ten restaurants and cafes in Cirebon Regency do not comply with the obligation to pay royalties, and the LMKN or relevant organizations have not fulfilled their duties properly. Royalty collection has not been enforced, and there has been no socialization regarding the obligation to pay royalties to them. The distribution of relevant organizations in Indonesia is uneven, resulting in royalty obligations being enforced only in certain regions. Cirebon Regency is one of the areas without a relevant organization.

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