ROYALTI HAK CIPTA SEBAGAI HARTA BERSAMA DALAM PERCERAIAN BERDASARKAN PUTUSAN PENGADILAN AGAMA (ANALISIS PUTUSAN NOMOR 1622/Pdt.G/2023/PA. JB)

This research examines the status of copyright royalties in the division of marital property following divorce, with a focus on the analysis of Religious Court Decision Number 1622/Pdt.G/2023/PA.JB. The study employs a normative juridical method using statute, case, and conceptual approaches. The objective is to assess whether copyright royalties can be classified as joint marital property and to explore the legal implications in divorce settlements. The findings indicate that copyright royalties can be categorized as joint marital property because they constitute economic rights that hold commercial value and can be transferred. This is supported by Article 35 of the Indonesian Marriage Law and Article 91 of the Compilation of Islamic Law (KHI), which recognize intangible assets as part of joint property. Copyright consists of two main components: moral rights and economic rights. In the context of divorce, only economic rights can be considered for division as joint marital property. Decision No. 1622/Pdt.G/2023/PA.JB serves as a landmark decision in Indonesian law, as it acknowledges copyright royalties as joint property despite the absence of explicit legal provisions regarding royalty division in divorce cases. However, royalty disputes in divorce proceedings should not be resolved solely by the Religious Court but should also involve the Commercial Court to ensure a fair and comprehensive calculation and distribution of economic rights. In practice, this legal process is often not fully implemented.
Keywords: royalty, copyright, joint property, divorce.