Indonesian Singers Challenge Copyright Law, Demand Fair Treatment for Performers

Jakarta – Samuel Simorangkir, known as Sammy, has voiced concerns over the unfair treatment of performers under Indonesia’s Copyright Law No. 28 of 2014. Speaking at a Constitutional Court hearing on July 21, 2025, Sammy argued that performers, who legally record and popularize songs, should not be treated as having no legal connection or contribution to the works. He emphasized the injustice faced by performers across Indonesia, particularly those without direct access to song creators.

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Sammy clarified that performing a song does not require direct permission from the creator, as royalties are paid by event organizers to the National Collective Management Organization (LMKN) under existing copyright regulations. He criticized the interpretation of creators’ exclusive rights as absolute power to prohibit performers from using their works, calling it a source of imbalance rather than legal protection.

“If exclusive rights over a song are interpreted as absolute authority that negates performers’ real contributions, it creates inequity, not protection,” Sammy stated. “I hope the Constitutional Court will provide a constitutional interpretation that ensures legal certainty and fair protection for singers and performers.”

During the hearing, Sammy and fellow singer Lesti Kejora performed excerpts of their songs as part of the ongoing review of the Copyright Law. The case, registered as No. 28/PUU-XXIII/2025, was brought by musicians including Armand Maulana, Nazriel Ilham (Ariel), and 27 others. A related case, No. 37/PUU-XXIII/2025, was filed by five performers from the band T’Koes Band and Saartje Sylvia, Indonesia’s first “lady rocker.”

The legal challenges stem from cases like that of Agnes Monica (Agnez Mo), who faced a lawsuit and criminal charges from songwriter Ari Bias for performing his song “Bilang Saja” without direct permission or royalty payments. The Central Jakarta District Court ordered Agnes to pay Rp 1.5 billion in damages to Ari Bias, alongside facing criminal charges under Article 113(2) of the Copyright Law.

The musicians argue that the law fails to provide fair legal certainty for performers, prompting their petition for a judicial review to ensure equitable treatment.

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