The Role and Function of Notaries in Realizing Legal Certainty of Copyright as Marital Property

Abstract

The regulation of copyright as marital property in Law No. 28 of 2014 concerning Copyright is not explicitly regulated, but indeed in the provisions of Article 16 of the Copyright Law, it seems to be open to interpretation that copyright in this case is in the form of economic rights that are indeed obtained during the marriage and constitute movable property that is also part of the joint property that must be divided upon the termination of the marriage due to divorce. Law No. 1 of 1974 concerning marriage also does not clearly regulate the position of copyright as part of joint property, but it is clearly stated in the Marriage Law that property acquired during marriage is joint property, which must be divided between husband and wife when the marriage ends due to divorce. Legal certainty regarding copyright as part of joint property already exists, but it is still considered insufficiently concrete. There is no clear and concrete regulation regarding the mechanism for dividing copyright as joint property. Copyright brings two consequences, namely moral rights and economic rights in the form of royalties, public. Meanwhile, joint property stipulates that all acquired joint property must be divided into two, and this is where the conflict lies. The absence of clear rules has resulted in legal uncertainty regarding the period of distribution of economic rights to copyright as joint property, even though it has been decided by the court.