Author(s): Jimmy Z Usfunan, Ni Wayan Ella Apryani and Made Aditya Pramana Putra

Abstract: The position of the National Collective Management Institution (LMKN) as a manager of copyright royalties in the government's institutional system is still an interesting discussion in terms of its duties and functions as well as its regulation in Government Regulation Number 56 of 2021 (PP 56/2021). Aiming to identify and analyze the legal construction of arrangements related to the position of LMKN and the ideal form of LMKN in the institutional system of the government of the Republic of Indonesia, this research uses normative legal research methods. The normative legal research method is used as a way to examine the norms that regulate this matter, which is currently still considered unclear in the provisions of PP 56/2021. In addition to the statutory approach, this research also uses a conceptual approach and a factual approach, with the result that the legal construction of the position of LMKN built by PP 56/2021 directs LMKN to a form of auxiliary institution that belongs to the category of Non-Structural Institutions (LNS). Based on its duties and functions and the purpose of its establishment, ideally LMKN should be realized as a government auxiliary institution and positioned in the government's institutional system, whether categorized as LNS, Non-Ministry Government Institution (LPNK), Independent Institution or other similar institutions to facilitate supervision by the government.

Pages: 15-20 | Views: 114 | Downloads: 40

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