The Central Jakarta Commercial Court has ruled that pop star Agnes Monica Muljoto, known by her stage name Agnez Mo, must pay IDR 1.5 billion to songwriter Arie Sapta Hernawan, also known as Ari Bias.
The ruling comes after Agnez Mo was found to have infringed upon Ari Bias’ economic rights by performing his song, “Bilang Saja,” without proper authorization.
Background
The case began when Ari Bias claimed that he did not receive royalties over Agnez Mo’s performances of his song “Bilang Saja” at three consecutive events held in May 2023 organized by the HW Group. In response, the songwriter and his legal representatives launched a private cease-and-desist to Agnez Mo and HW Group. After they failed to garner a response, Ari Bias followed up by a public cease-and-desist letter and eventually a lawsuit.
Ari Bias’ lawsuit against Agnez Mo was filed at the Central Jakarta District Court on September 11, 2024, registered under case number 92/Pdt.Sus-HKI/Cipta/2024/PN Niaga Jkt.Pst. Ultimately, on January 30th, 2025, the court reached a Verdict which included the following rulings:
- It declared that the Defendant, Agnez Mo, had committed Copyright infringement by commercially using the song created by the Plaintiff (Ari Bias), “Bilang Saja,” at three concerts without the Plaintiff’s permission as the creator.
- It ordered the Defendant to pay a compensation fee of IDR 1,500,000,000 (One Billion Five Hundred Million Rupiah) to the Plaintiff, with the following breakdown: a. Concert on May 25, 2023, at HW Superclub Surabaya: IDR 500,000,000 b. Concert on May 26, 2023, at The H Club Jakarta: IDR 500,000,000 c. Concert on May 27, 2023, at HW Superclub Bandung: IDR 500,000,000
Response
The case was met with varying opinion from the music community. Musician and songwriter, Ahmad Dhani, who is famously vocal about royalties and song-writers rights (among other things) seemingly voiced his support for his fellow Songwriter. The Dewa 19 mastermind wrote “I have been trying to contact Agnez for a year, but there has been no response. And I will not prevent the members of @aksibersatu from demanding JUSTICE,” in one of his social media posts. Aksibersatu refers to Asosiasi Komposer Seluruh Indonesia, organization that represents Indonesian composers, songwriters, and music creators.
Contrastingly, a number of musicians has sided with Agnez Mo, most notably Armand Maulana, who is most famous as the frontman of the rock group Gigi. Armand’s response was conveyed through his Instagram post, “In response to the issue between agnezmo & ari bias, I am confused… singers and songwriters/composers from back in the day should have been friends, companions, and brothers, collaborating to create the best works.”
In relation to this, Armand Maulana and 28 other prominent Indonesian musicians have filed a petition to review Law Number 28 of 2014 concerning Copyright to the Constitutional Court. They are challenging Articles 9 paragraph (3), 23 paragraph (5), 81, 87 paragraph (1), and 113 paragraph (2) of the Copyright Law. The petition referenced several cases involving musicians facing copyright issues after performing songs composed by other parties, including Agnezmo’s dispute with Ari Bias. These musicians also highlighted the ongoing issues with royalty payments and licensing, pointing out that the rulings from Copyright Law regarding these issues often fail to be realized due to inconsistencies in its implementation.
Copyright Holders and Economic Rights
The core of the dispute between Ari Bias and Agnez Mo revolves around economic rights. Economic rights refer to the rights granted to creators (such as authors, composers, artists, etc.) that allow them to control and financially benefit from the use of their works. These rights are essential because they enable creators to commercially exploit their works and receive compensation for their usage.
In Indonesian Copyright Law, economic rights are outlined in Article 8. Article 9 further identifies performance as an action qualifying as an economic right of the creator. It also stipulates that anyone who exercises these economic rights must obtain permission from the author or copyright holder. Moreover, it is prohibited for any individual to engage in reproduction or commercial use of the work without the necessary authorization from the copyright holder.
In this context, permission can be granted in the form of a license, where the copyright holder or related rights holder grants another party a license, based on a written agreement, to exercise the economic rights. This is detailed in Article 80 of the Copyright Law.
Conclusion
Understanding copyright law is crucial for performers, songwriters, and other professionals within the creative industry. With the increasing commercialization of creative works, it is vital for individuals to be aware of their rights and obligations to avoid copyright infringement Indonesia, such as the one between Ari Bias and Agnez Mo. A comprehensive knowledge and abidance to copyright law not only ensure fair compensation but will also foster a more transparent and equitable industry.
As IP professionals, we strongly encourage professionals in the creative industry to seek proper legal advice to navigate the complexities of copyright law. Our team is here to provide expert guidance and assist with any concerns regarding your rights. Please contact us via ambadar@ambadar.co.id for any IP related inquiries you might have. We look forward to assisting you.
Sources:
https://m.jpnn.com/news/kasus-agnez-mo-dengan-ari-bias-begini-komentar-armand-maulana?page=2
