Tinjauan Normatif Kedudukan Lembaga Manajemen Kolektif Nasional (LMKN) sebagai State Auxiliary Organ berdasarkan Peraturan Pemerintah No. 56 Tahun 2021 tentang Pengelolan Royalti Hak Cipta Lagu dan/atau Musik

Abstract

The enactment of the Government Regulation No. 56 of 2021 on Management of Song and/or Music Royalty (PP No. 56/2021) has given a huge impact in regulating National Collective Management Organization (LMKN) since that regulation has given more detailed provisions for LMKN than Ministry of Law and Human Rights No. 38 of 2018 on Procedures for Application and Issuance of Operational Permits and Evaluation of Collective Management Institutions as well as other related regulations do. In PP No. 56/2021, LMKN was defined as State Auxiliary Organ and has been given authority to use its operational funds from royalties having been collected. However, those LMKN provisions in PP No. 56/2021 seem to be problematic as the previous regulations have not yet regulated the stipulations. By using stufentheorie created by Hans Kelsen and Hans Nawiasky, therefore, this research aims to know if LMKN provisions in PP No. 56/2021 contradicts with its basis norm. This research compares the prevailing regulations based on Indonesian hierarchy constitution to PP No. 56 of 2021. This research results that LMKN provisions as State Auxiliary Organ and in using its operational funds as regulated in PP No. 56/2021 is invalid. Therefore, the regulation needs to be harmonized to create a legal order.

Keywords

• national collective management organization (lmkn)
• pp no. 56/2021
• state auxiliary organ
• stufentheorie