TINJAUAN YURIDIS HAK ROYALTI SEBAGAI HARTA BERSAMA DALAM PERKAWINAN

Maulidina, Alfi Dianti (2024) TINJAUAN YURIDIS HAK ROYALTI SEBAGAI HARTA BERSAMA DALAM PERKAWINAN. Undergraduate thesis, UPN VETERAN JAWA TIMUR.

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Abstract

Based on the legal system in Indonesia, there are two concepts regarding assets in marriage, namely joint assets and personal assets. The correlation between marital property and IPR includes the legal and economic relationship between joint ownership of certain assets and the protection of creative or innovative rights. In this context, royalties emerge as a factor that complicates dispute dynamics. This research was conducted using normative research methods using statutory, conceptual, and case approaches. The purpose of this research is to find out the position of royalties as marital property according to marriage law in Indonesia and to find out about the legal measures that can be taken by the parties regarding royalty rights as marital property in the event of a divorce. The research results show that copyright is a material right, so it can be concluded that royalties fall into the category of intangible, movable objects. Royalties, which are intangible, movable objects, have value as joint assets. If royalties on intellectual property rights (IPR) are obtained during the marriage, then the income related to the IPR is marital property. In practice, the division of joint assets can usually be resolved amicably, but if there is no agreement, it will result in a legal process involving filing a lawsuit with the Religious Court. In terms of the division of marital property, it is regulated in the Civil Code, Marriage Law, and the Compilation of Islamic Law. Keywords: Copyright, Royalties, Marital Property, Marriage.

Item Type:

Thesis (Undergraduate)

Contributors: