IMPLEMENTATION OF THE DISTRIBUTION OF ROYALTY RIGHTS AS JOINT PROPERTY IN POST-DIVORCE MARRIAGE

Abstract

“According to Article 1 of Law Number 1 of 1974 concerning Marriage, marriage is a natural and mental relationship between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on the One Godhead". "In Article 35 paragraph (1) of the law, it is explained that all wealth obtained during marriage is considered as joint property". This means that all property obtained by the husband or wife during the marriage, either jointly or separately, will become joint property and cannot be claimed unilaterally without legal procedures. "Article 35 paragraph (2) also emphasizes that the inherited property of each husband and wife, as well as the property obtained as a gift or inheritance, remains under the control of each other, unless there is an agreement that regulates it". Therefore, property acquired during the marriage, including royalties generated from copyright, will be part of the joint property, unless there is a marriage agreement that provides otherwise. As a country based on the law, Indonesia provides protection for the basic rights of its people, including the right to life, liberty, justice, and equal treatment before the law. One form of this protection is Intellectual Property Rights (IPR). IPR is the right to intellectual works produced from human thinking and creativity (Saidin, 2013). Copyrighted works will earn royalties. These works can be music, books, property, movies, or even ideas that don't happen by chance. Royalties are derived from gross or net income generated from the use of works given to other parties for use. As technology evolves, royalties can now become part of the gono-gini estate or, in other words, the common property. The research in this scientific paper uses a normative juridical method, which is carried out through a literature study. The analysis of this research is focused on the study of legal sources in laws and regulations, where law is understood as a rule written in official documents.