TINJAUAN HUKUM POSITIF DAN HUKUM ISLAM TERHADAP PEMBAGIAN HAK ROYALTI SEBAGAI HARTA BERSAMA PASCA PERCERAIAN

Abstract

Royalties are income that a person receives for his intellectual work. Article 1 Paragraph 1 of Government Regulation Number 56 of 2021 concerning the management of Song and/or Music Copyright Royalties explains that: "Royalties are compensation for the use of the Economic Rights of a Creation or Related Rights Product received by the creator or owner of the Related Rights." And Islamic law recognizes royalty as Shirkah, which means the mixing of one asset with another so that the two cannot be differentiated. Both royalties and syirkah can be used as joint assets. So in this case the problem formulation is raised as follows: 1. What is the positive legal review of the distribution of royalty rights as joint assets after divorce? 2. How does Islamic law review the distribution of royalty rights as joint property after divorce? 3. What are the results of the analysis from a review of positive law and Islamic law regarding the distribution of royalty rights as joint assets after divorce? This research uses the Normative Juridical method using a statutory approach and a conceptual approach. Collecting legal materials, the author reviews literature that is relevant to the problems studied using primary legal materials and secondary legal materials. Next, the legal materials are analyzed by analyzing the materials obtained deductively, namely a way of thinking based on general principles and theories. Based on the results of research from the Positive Law Review and Islamic Law on the Division of Royalty Rights as Joint Assets Post-Divorce, a divorced husband and wife each receive ½ of the assets during the marriage.  Even though fiqh never discusses joint property, article 97 of the Compilation of Islamic Law has stipulated that divorced widows or widowers are each entitled to ½ of the joint property as long as it is not specified otherwise in the marriage agreement. This is the basis used by the author to analyze the case.

Keyword: royalty rights, intellectual property rights, joint assets.