Chief Justice Anwar Usman announcing the postponement of the judicial review hearing of Law No. 28 of 2014 on Copyright, Wednesday (10/4/2023). Photo by MKRI.

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JAKARTA (MKRI) — On Wednesday, October 4, 2023, the Constitutional Court (MK) held another material judicial review hearing of Law No. 28 of 2014 on Copyright (Copyright Law). The third hearing for case No. 84/PUU-XXI/2023 was intended to present the testimonies of the President and the House of Representatives (DPR). However, the House was unable to attend and the President’s proxy requested a postponement of the hearing as he a statement was not ready yet.

Chief Justice Anwar Usman and the other eight constitutional justices agreed to postpone the hearing until Thursday, October 19, 2023 at 11:00 WIB. “Today’s hearing was supposed to hear testimonies of the President and the House. However, from the Registrar’s Office reported that the House was unable to attend, and the President submitted a request to postpone this hearing and asked for it to be rescheduled,” said Chief Justice Anwar from the plenary courtroom.

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Unable to Sue Platform Providers, Aquarius Musikindo Challenges Copyright Law

Aquarius Musikindo Revises Legal Standing

PT Aquarius Pustaka Musik, PT Aquarius Musikindo, and singer Melly Goeslaw challenge provisions on the prohibition imposed on managers of places of commerce against allowing the sale and/or duplication of goods resulting from infringement of copyright and/or relevant rights at the places they manage in Articles 10 and 114 of Law No. 28 of 2014 on Copyright.

The Petitioners revealed a concrete case in which social media platforms broadcast songs or master recordings belonging to the Petitioners without their permission. However, the Copyright Law has not regulated the accountability of digital service providers, especially ones that have user-generated content (UGC).

The Petitioners sued one of platform providers over the prevalence of contents that violated the Petitioners’ copyright of their songs or masters, but it claimed that based on statutory regulations, platform providers are not liable for contents uploaded by users nor for taking down those contents upon objections by the copyright holders.

The Petitioner believes the Copyright Law has not regulated such things so Articles 10 and 114 of the Copyright Law are the chief harbor of prohibition against any place of commerce allowing services or duplication of contents that infringe on copyrights. However, those articles have not accommodated current phenomena such as UCG-based social media.

As such, in the petitum, the Petitioners request that the Court declare Articles 10 and 114 of the Copyright Law conditionally unconstitutional and not legally binding.

Author       : Utami Argawati
Editor        : Lulu Anjarsari P.
PR            : Tiara Agustina
Translator  : Tahlitha Laela/Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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