Lawyer Exposes Legal Flaws in Rp 1.5 Billion Court Ruling against Agnez Mo
Jakarta. A recent court ruling ordering renowned singer Agnez Mo (Agnes Monica) to pay Rp 1.5 billion ($91,943) in copyright royalties has sparked debate among legal analysts and musicians.
The lawsuit, filed by songwriter Ari Sapta Hermawan in September 2024, accused Agnez Mo of performing his song Bilang Saja (Just Say It) without permission during live events in Surabaya, Bandung, and Jakarta in May 2023.
The Central Jakarta Civil Court ruled in favor of the plaintiff, ordering the singer to pay royalties.
Celebrity lawyer Kadri Mohamad has urged Agnez Mo to appeal the decision at the Supreme Court, arguing that the responsibility for royalty payments falls on event organizers, not performers.
“A singer’s job is to perform, while royalty payments are the responsibility of the event organizers,” Kadri said in a social media post on Tuesday.
The concerts in question were organized by HW Group, a bar chain company, at HW Superclub.
“It is the organizer who must pay royalties, not the singer. Moreover, these payments should be processed through LMKN rather than directly to the composer,” he added, using the local acronym for the National Collective Management Agency, which manages and collects royalty payment for Indonesian composers and song writers.
Kadri warned that the ruling contradicts existing regulations and could set a dangerous precedent, allowing “opportunists” to target other singers.
“Agnez Mo must file an appeal and gain moral support from the industry to prevent such legal flaws from harming the music ecosystem,” he said.
He further argued that singers help composers by popularizing their work, making it unreasonable to hold them financially accountable for performing songs.
Melly Goeslaw Questions Fairness
Renowned singer-songwriter Melly Goeslaw echoed these concerns, questioning the fairness of the court’s decision.
“I was surprised to hear that a composer sued a singer for performing their song. I have been composing music for 29 years, and I’ve never encountered a case like this,” Melly wrote on Instagram.
She also criticized the judge’s decision, arguing that it contradicts standard music industry practices.
“As far as I know, singers don’t pay royalties -- event organizers do. All witnesses confirmed this,” said Melly, who also serves as a member of the House of Representatives.
Background of the Case
According to the plaintiff, Agnez Mo ignored requests for an out-of-court settlement regarding the performances.
A year after the events, Ari issued a public reprimand against both Agnez Mo and HW Group, demanding Rp 1.5 billion in compensation -- Rp 500 million per event.
His lawyer, Minola Sebayang, said Agnez Mo never responded to attempts at communication. The singer has primarily resided in the United States in recent years.
On September 12, 2024, Ari filed a lawsuit with the Central Jakarta Civil Court, which ruled in his favor earlier this month.
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