Analisis Tumpang Tindih Kewenangan antara LMKN dan LMK dalam Penegakan Hak Cipta di Indonesia

Abstract

This study aims to analyze the position and authority of copyright management institutions and to identify the factors causing and forms of overlapping authority in royalty management in Indonesia. The research uses a normative legal method with statutory and conceptual approaches through library research. The data consist of primary, secondary, and tertiary legal materials, which are analyzed using descriptive qualitative techniques. The results show that there is a lack of clarity in the division of authority between managing institutions, leading to overlaps in practice, both in the collection and distribution of royalties. This condition is influenced by unclear regulations, weak institutional coordination, the absence of an integrated data system, and the presence of economic interests among the institutions involved. As a result, royalty management has not been carried out optimally and creates legal uncertainty for the parties concerned. Therefore, regulatory harmonization, clearer division of authority, and the development of an integrated management system are necessary to achieve legal certainty, fairness, and effectiveness in copyright protection in Indonesia.