From Melodies to Legalities: The Clash of Law and Song Parodies in Indonesia

Abstrak

The article examines the complexities of song parodies under Indonesian copyright law, particularly in light of Law No. 28 of 2014, which aims to align domestic regulations with international standards while promoting a creative economy. It highlights the cultural significance of song parodies in Indonesia, where they serve as tools for social commentary and artistic expression. However, the legal framework lacks explicit provisions for parody, creating ambiguity regarding their status as transformative works versus potential copyright infringements. The case study of D'Masiv's song "Dilema," accused of plagiarism against the British band Muse, illustrates these tensions and raises questions about originality and inspiration in artistic creation. The research employs a qualitative methodology to analyze legal frameworks and case studies, revealing that while Indonesian law provides a foundation for copyright protection, it does not adequately address the nuances of parody. This lack of clarity stifles creativity and leaves both creators and rights holders vulnerable. The article argues for the necessity of legal reforms to explicitly recognize parody as a legitimate form of expression, suggesting that Indonesia could benefit from adopting clearer criteria similar to those in jurisdictions like the United States and the European Union. By enhancing legal protections for parodists, Indonesia can foster a more dynamic creative environment while balancing the rights of original creators with the public's interest in cultural discourse.