The conflict between singer Agnez Monica and composer Ari Bias over the copyright of the song Bilang Saja has reached its climax after a lengthy legal process. The dispute began when Ari Bias reported Agnez Monica to the Indonesian National Police’s Criminal Investigation Department (Bareskrim Polri) on June 19, 2024, for alleged copyright infringement. He accused Agnez of performing his song at three concerts held in Jakarta, Bandung, and Surabaya without obtaining permission from him as the songwriter or from the National Collective Management Organization (LMKN).
Before taking the case to court, Ari Bias and his attorney, Minola Sebayang, first sent a legal notice to Agnez Mo, HW Group, and PT Aneka Bintang Gading as the concert organizers. However, due to an unsatisfactory response, he decided to file a police report against Agnez Monica. The report was accepted and registered under case number LP/B/202/VI/2024/SPKT/Bareskrim Polri on June 19, 2024. In his report, Agnez was accused of violating Article 113 Paragraph 2 of Law No. 28 of 2014 on Copyright, which states:
“Any person who, without rights and/or without the permission of the creator or copyright holder, infringes upon the creator’s economic rights as referred to in Article 9 Paragraph (1) letters c, d, f, and/or h for commercial use shall be subject to a maximum imprisonment of three (3) years and/or a maximum fine of Rp 500,000,000 (five hundred million rupiah).”
The case proceeded as Ari Bias filed a lawsuit against Agnez Monica at the Central Jakarta District Court for copyright infringement. The civil lawsuit was registered on September 11, 2024, under case number 92/Pdt.Sus-HKI/Cipta/2024/PN Niaga Jkt.Pst. On January 30, 2025, the panel of judges ruled that Agnez Monica was guilty of copyright infringement for commercially performing Bilang Saja at her three concerts without permission from Ari Bias. As a result, the court ordered Agnez Monica to pay Rp 1.5 billion in damages to Ari Bias, with a breakdown of Rp 500 million for each violating concert. This ruling marked the end of the legal dispute that had been ongoing since the case was filed on September 11, 2024.
This case has also sparked public debate regarding royalty payments. According to Article 10 Paragraph (1) of Government Regulation No. 56 of 2021, the commercial use of songs requires the payment of royalties through LMKN. In this context, music concerts fall under the category of “commercial public services,” meaning that the obligation to pay royalties actually falls on the event organizer, not the singer.
Furthermore, under Article 10 Paragraph (3) of PP 56/2021, royalties must be paid through LMKN, which is responsible for collecting, managing, and distributing royalties to songwriters. Thus, in the case of music concerts, it is the event organizers—not the performing artists—who are responsible for royalty payments.
In conclusion, the copyright dispute between Agnez Monica and Ari Bias resulted in a court ruling that found Agnez guilty of performing Bilang Saja without permission during her concerts, obligating her to pay Rp 1.5 billion in damages.
However, this case has also raised questions about who is truly responsible for paying royalties in music concerts. Based on existing regulations, it should be the event organizer, not the singer, who is responsible for royalty payments through LMKN. This highlights the need for a clearer understanding of copyright regulations to prevent misunderstandings within the music industry. In light of this, there is a possibility that the judges erred in their ruling on case number 92/Pdt.Sus-HKI/Cipta/2024/PN Niaga Jkt.Pst. As the losing party, Agnez Monica has the right to file a cassation appeal against the decision.
