Does Indonesia Need A Music Regulation.docx

DOES INDONESIA NEED A MUSIC REGULATION ?

1. Background and Question In recent months, the music regulation draft has been widely discussed. Until now, there are no laws specifically regulating specifically about music. In this regard, on June 2018 there is 7,2017 musicians and music industry stakeholders formally submitted a proposal for a music regulation draft. It was stated by the proposer that this draft was aimed at advancing the world of music and at the same time advancing Indonesia's national culture.This draft is deemed necessary because of existing laws, such as law number 28 of 2014 concerning copyright has not sufficiently accommodated the needs of the world of music in Indonesia. Besides the problem of copyright, the prosperity of the music industry is also still a problem that needs to be solved. The condition of traditional music also requires an arrangement that allows the music industry to develop well without ignoring the existence of traditional music. There are 5 points in the 2018 music regulation draft which according to the author are the main points of all points: a. Considerable gap in terms of opportunities and access in the music industry between popular music and traditional music. b. Lack of appreciation / appreciation for musical works and musical actors. b. The absence of minimum honorarium standards for perpetrators of music. d. The lack of law enforcement against violations of copyright, licenses, and royalties as a result of the lack of awareness to use original products of musical works. e. Lack of protection, guidance and development of traditional music, both for works, actors, and traditional musical instruments.i

But, why is the draft regulation of music perceived to be able to accommodate the above problems? is it possible that this draft can support the music process from the process of creation, reproduction, distribution, and consumption? 2. Finding and Discussion Basically, the ideal law is a regulation that facilitates interests, in this context, music practitioners such as musicians, event organizers, distributors and others. This argemnt can be supported by the clause 32 paragraph (1) of the 1945 Constitution of the Republic of Indonesia mandates that "the state advances Indonesian national culture in the midst of world civilization by guaranteeing the freedom of the people in maintaining and developing their cultural values". However, the draft regulation of music must wait to become a reality because public are not interested and even afraid that this regulation will only limit freedom of expression in music. Many sources argue that the South Korean government has played an important role in the growth of its cultural industries. A number of discussions of this issue draw on recent theories of ‘soft power’, a power that ‘co-opts … rather than coerces’, that ‘entices and encourages’ (Nye & Kim, 2013, 31). The collection edited by Youna Kim is informed by the claim that the Korean government targeted the creative industries and cultural production as part of a strategy informed by notions of 'soft power'. Yet the book does not discuss the music industry in any depth. The notion of soft power is also deployed in much material produced by the Samsung Economic Research Institute, which also produces papers advocating the way K-pop may be used to further develop Korean government cultural policy, including suggestions that K-pop may increase tourism to the country and be used to facilitate demand for Korean manufactured products in the middle East and Latin America (Seo, 2012). Soft power ignores the ‘hard’ power of economic incentive and control over production, the imperatives introduced by new technologies, along with the enforcement of rights and sanctions against infringement. In short, it does not fully address the implied relationship between soft and hard power.ii

In fact, Indonesia has been very adequate to deal with progress in the world of music and regulation. However, the trauma of the rules that come into direct contact with art is still infecting the collective memory of the community.

3. Conclusion Starting from the end is the point where we have to start another way, in case of this music regulation draft, public must be approached with other approaches such as by involving various leaders from various groups, from the elderly, the young, popular music groups, and underground musicians who are accustomed to being critical or even apathetic towards the government. Because, without involvement between regulators and regulators, the rule is colonialism.

4. Reference -

Naskah Akademik Rancangan Undang-Undang Permusikan

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Create.ac.uk/publications/the-south-korean-music-industry-aliterature-review

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Purba, Mauly. Musik Tradisional Masyarakat Sumatera Utara: Harapan, Peluang, dan Tantangan, Repository.usu.ac.id/bitstream/handle/123456789/696/08E0 0145.pdf

i

Naskah Akademik Rancangan Undang-Undang Permusikan

ii

create.ac.uk/publications/the-south-korean-music-industry-a-literatur-

review