MAQASHID SYARIAH ANALYSIS OF MUSIC ROYALTY MANAGEMENT POLICY IN BUSINESS ESTABLISHMENTS - MUHAMMAD SYAFIQ, VIRA VARADIBA

Abstract

The phenomenon of music royalty management in business establishments has generated complex controversies requiring in-depth analysis from a Maqashid Syariah perspective. The year 2025 has been marked by various viral phenomena that expose significant legal gaps, particularly when the National Collective Management Institution (LMKN) became the center of public attention in implementing royalty collection across various business sectors. The implementation of music royalty policy in Indonesia demonstrates significant legal gaps and challenges, especially in enforcement mechanisms and the scope of works subject to royalty payment obligations. This research aims to analyze the legal framework governing the management and payment of song and/or music royalties in business establishments based on prevailing legislation in Indonesia, specifically Law Number 28 of 2014 on Copyright and Government Regulation Number 56 of 2021 on Management of Song and/or Music Copyright Royalties, through the Maqashid Syariah perspective with classification of dharuriyyat (primary), hajiyyat (secondary), and tahsiniyyat (tertiary) needs. Research findings indicate that music royalty policy, from a dharuriyyat perspective, aims to protect hifdz al-mal (property protection) of creators as a primary need; however, this policy also potentially creates mafsadat (harm) to micro, small, and medium enterprises. From the hajiyyat aspect, this policy requires procedural simplification and clearer guidance to eliminate difficulty (raf' al-haraj) in its implementation. Meanwhile, from the tahsiniyyat perspective, harmonization is needed to beautify legal implementation without imposing excessive burdens on stakeholders.