Keenan Nasution and Rudi Pekerti, two senior musicians, have filed a lawsuit against singer Vidi Aldiano at the Central Jakarta District Court. The lawsuit, registered under Case Number: 51/Pdt.Sus-HKI/Cipta/2025/PN Niaga Jkt.Pst, is based on claims that Vidi Aldiano performed the song “Nuansa Bening” without official permission from Keenan and Rudi as its creators. Keenan and Rudi are also demanding compensation of Rp 24.5 billion for Vidi’s 31 performances or concerts featuring “Nuansa Bening” since 2008. Additionally, they are seeking to secure Vidi’s house in Cilandak as collateral.
How Serious is Copyright Infringement?
Understanding Copyright
Law No. 28 of 2014 on Copyright (“Copyright Law”) defines copyright as the exclusive right of creators that arises automatically under the declarative principle once a work is realized in tangible form, without reducing limitations in accordance with statutory regulations.
A “Creator” refers to one or more individuals who independently or jointly produce a unique and personal work. Meanwhile, a “Creation” is any intellectual work in the fields of science, art, and literature resulting from inspiration, ability, thought, imagination, dexterity, skill, or expertise expressed in tangible form.
The song “Nuansa Bening,” consisting of lyrics and melody, qualifies as a “creation” in the field of art. Meanwhile, Keenan and Rudi, as the individuals who created it, qualify as the “Creators.”
Exclusive Rights Under Copyright
Article 4 of the Copyright Law affirms that creators have exclusive rights over their works, including moral rights and economic rights.
Moral rights are perpetual rights that allow the creator to:
Choose to include or exclude their name in copies of the work when used publicly.
Use a pseudonym or alias.
Modify the work in accordance with societal norms.
Change the title and subtitles of the work.
Defend their rights in cases of distortion, mutilation, modification, or any act detrimental to their honor or reputation.
Economic rights grant the creator financial benefits from their work, including the right to:
Publish the creation.
Reproduce the creation in any form.
Translate the creation.
Adapt, arrange, or transform the creation.
Distribute the creation or its copies.
Perform the creation.
Announce the creation.
Communicate the creation.
Rent the creation.
In addition to copyright, there are Related Rights, which are exclusive rights granted to performers, phonogram producers, or broadcasting organizations.
Duration of Copyright Protection
Copyright protection varies depending on the type of work:
Songs, books, visual art, architecture, and written works: Lifetime of the creator + 70 years after death (Article 58(1)).
Games, films, applications, videos, and photography: 50 years from first publication (Article 59).
Broadcasting organizations (TV, radio): 20 years from first broadcast (Article 63(2)).
Sanctions for Copyright Infringement
The Copyright Law imposes criminal and civil penalties for infringement. Criminal sanctions include imprisonment for up to 4 years and/or a fine of up to Rp 4 billion, depending on the violation. Additionally, copyright violators may face civil lawsuits for damages in the Commercial Court.
A Reminder for the Music Industry
For the public, especially those in the music industry—musicians, labels, event managers, and show organizers—this case serves as a reminder that using another’s work is not just a technical or artistic matter but also a legal and ethical issue.
Although copyright protection arises automatically upon creation, official registration with the Directorate General of Intellectual Property (DGIP) is highly recommended. This step strengthens the legal standing of creators in case of future disputes.
Authors: Nicko Surya Airlangga, S.H. & Masta Pasaribu
Editor: Parwira Agusfia, S.H., M.H