Regional Licensing Policy Following the Constitutional Court Decision No. 91/PUU-XVIII/2020

Moh Bagus
Helga Nurmila Sari
Moh Bagus: UIN Sunan Ampel Surabaya
Helga Nurmila Sari: UIN Sunan Ampel Surabaya

Abstract

The study aims to address two main problems: The implementation of permits to seek in the area after the Law Number 11 of Year 2021 on Copyright Work and National Laws regarding licensing in the region after the issuance of Constitutional Court decision Number: 91/PUU/XVIII/2020 and provide a rule model for policy that can be adopted by local governments. The study uses normative legal research via a case approach and a statute approach. The study findings state that the implementation of licensing in the regions after the implementation of the Copyright Act follows the provisions of Government Regulation No. 5 of Year 2021 and Government Regulation No. 6 of Year 2021. Licensing with the Labor Copyright Act regime is based on a risk-based approach with 4 (four) risk qualifiers: low risk, low risk, high and high risk. Politically, national law with the existence of Immendagri No. 68 of Year 2021, regional government still guides and implements the provisions for Copyright Work Law, and the regulations for its implementation.