LAW OF THE REPUBLIC OF INDONESIA

NUMBER 28 OF 2014
ON
COPYRIGHTS

BY THE GRACE OF GOD ALMIGHTY

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering:
a. that copyright is an intellectual property in the fields of scientific, artistic and literary works that has a
strategic role in supporting the development of the nation and promoting general welfare as mandated by
the 1945 Constitution of the Republic of Indonesia;
b. that the development of scientific, technological, artistic, and literary works has been so rapid that it is
necessary to have stronger protection and guarantee legal certainty of Authors, Copyright holders, and
Related Rights owners;
c. that Indonesia has become a member of various copyright and related right treaties, thus requiring further
implementation in the framework of national legal system to enable national authors and creators to
compete internationally;
d. that Law Number 19 of 2002 on Copyrights is no longer compatible with the legal developments and
public needs therefore it needs to be replaced with a new Law;
e. that based on the considerations as referred to in letter a, letter b, letter c, and letter d, it has been
deemed necessary to enact Law on Copyrights.

Observing
Article 5 paragraph (1), Article 20, Article 28 C paragraph (1), and Article 33 of the 1945 Constitution of the
Republic of Indonesia;

By the Mutual Consent of

THE HOUSE OF REPRESENTATIVES
and
THE PRESIDENT OF THE REPUBLIC OF INDONESIA

HAS DECIDED:

To enact
LAW ON COPYRIGHTS.

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 CHAPTER I
GENERAL PROVISIONS

Article 1
Under this Law, the following definitions are employed:
1. Copyright is an exclusive right of the author vested automatically on the basis of declaratory principle after
Works are embodied in a tangible form without reducing restrictions in accordance with the provisions of
laws and regulations.
2. Author is a person or several persons who individually or jointly produce works that are unique and
personal.
3. Works is any scientific, artistic, and literary works resulted from inspiration, ability, thought, imagination,
dexterity, skill or expertise expressed in a tangible form.
4. Copyright Holder is an Author as the Copyright owner, the party acquiring a lawful right from the Author, or
other parties who acquire subsequent rights from the party acquiring such lawful rights.
5. Related Right is any right related to Copyrights that constitute the exclusive right of the performer,
producer of phonogram or Broadcasting organization.
6. Performer is one or several persons who individually or jointly display and perform works.
7. Producer of Phonogram is a person or legal entity that is the first to record and is responsible for
performing voice recording or sound recording, both performance recording and voice or other sound
recording.
8. Broadcasting Organization is any organizer of Broadcasting, including public Broadcasting organization,
private Broadcasting organization, community Broadcasting organization and subscription-based
Broadcasting organization who in performing their duties, functions and responsibilities complies with the
provisions of laws and regulations.
9. Computer Program is a set of instructions that are expressed in the form of languages, codes, schemes,
or in any form that is intended for a computer to perform specific functions or to achieve certain outcomes.
10. Portrait is a photographic work with a human object.
11. Publication is any reading, broadcasting, exhibition of works using any means, either electronically or non-
electronically, or performing in any way so that works can be read, heard, or seen by others.
12. Reproduction is any process, act, or method of Reproducing one or more copies of Works and/or
phonogram by any mean and in any form, either permanently or temporarily.
13. Fixation is the embodiment of sounds, images or both of them, which may be seen, heard, reproduced or
communicated through any device.
14. Phonogram is a Fixation of sound of a performance or of other sounds, or of a representation of sound,
not including the form of Fixation incorporated in a cinematography or other audiovisual Works.
15. Broadcasting is a transmission of a Work or a Related Rights product by wireless means to be received by
anyone in any location away from where the transmission originates.
16. Communication to the public, from this point onward is referred to as Communication, is the transmission
of Works, performances, or Phonograms, by wire or other media other than Broadcasting to be received
by the public, including producing Works, performances, or Phonograms available for public access from a

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 place and at a time individually chosen by them.
17. Distribution is the sale, circulation, and/or dissemination of Works and/or Related Rights products.
18. Proxy is an intellectual property consultant, or a person authorized by an Author, Copyright Holder or
Related Rights owner.
19. Application is an application for the recordation of Works by the applicant to the Minister.
20. License is a written permission granted by the Copyright Holder or Related Rights Owner to other parties
to exercise the economic rights over their Works or Related Rights product under certain conditions.
21. Royalty is remuneration for the utilization of Economic Rights of Works or Related Rights product received
by the Author or Related Rights owner.
22. Collective Management Organization is an institution in the form of a non-profit legal entity that is
authorized by the Author, the Copyright Holder, and/or Related Rights owner to manage their economic
rights in the form of collecting and distributing royalties.
23. Piracy is any unauthorized Reproduction of Works and/or Related Rights products and distribution of
goods resulting from such reproduction extensively to gain economic benefits.
24. Commercial Use is any utilization of Works and/or Related Rights products with the purpose of gaining
economic benefits from various sources or by payment.
25. Damage is an amount of money imposed on perpetrator of economic rights infringements of an Author, a
Copyright Holder and/or a Related Rights owner under a court decision in a civil or criminal case that has
permanent legal force for the loss suffered by the Author, Copyright Holder and/or Related Rights owner.
26. Minister is the minister in charge of government affairs in the legal sector.
27. Person is an individual or a legal entity.
28. Day is a business Day.

Article 2
This Law applies to:
a. all Works and Related Rights products of Indonesian citizens, residents and legal entities;
b. all Works and Related Rights products of non-Indonesian citizens, non-Indonesian residents and non-
Indonesian legal entities making their first Publication in Indonesia;
c. all Works and/or Related Rights products and users of Works and/or Related Rights products of non-
Indonesian citizens, non-Indonesian residents, and non-Indonesian legal entities, provided that:
1. their State has a bilateral agreement with the Republic of Indonesia regarding the protection of
Copyrights and Related Rights; or
2. their State and the Republic of Indonesia are parties or participants to the same multilateral
agreement regarding the protection of Copyrights and Related Rights.

Article 3
This Law regulates:
a. Copyrights; and
b. Related Rights.

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 CHAPTER II
COPYRIGHTS

Division One
General

Article 4
Copyrights as referred to in Article 3 letter a are the exclusive rights comprising moral rights and economic rights.

Division Two
Moral Rights

Article 5
(1) The moral rights as referred to in Article 4 are rights that are eternally inherent to Authors to:
a. continue to include or to exclude their name on the copy with respect to the public use of their
Works;
b. use an alias or pseudonym;
c. change their Works to comply with appropriateness in the community;
d. change the title and subtitle of their Works; and
e. defend their rights in the event of a distortion of Works, mutilation of Works, modification of Works,
or other acts which will be prejudicial to their honor or reputation.
(2) The moral rights as referred to in paragraph (1) cannot be transferred as long as the Author is alive, but
the exercise of these rights is transferrable by testament or other reasons in accordance with the
provisions of laws and regulations after their death.
(3) In the event of a transfer of the exercise of moral rights as referred to in paragraph (2), the recipient may
release or refuse the exercise of their rights with the condition that the release or refusal to exercise these
rights is expressed in writing.

Article 6
In order to protect the moral rights as referred to in Article 5 paragraph (1), the Author may have:
a. Copyright management information; and/or
b. Copyright electronic information.

Article 7
(1) The Copyright management information as referred to in Article 6 letter a includes information about:

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 a. methods or systems that can identify the originality of the substance of the Works and the Author;
and
b. the information code and access code.
(2) The Copyright electronic information as referred to in Article 6 letter b includes information about:
a. the Works, which appear and are embedded electronically in connection with the activity of Works
Publication;
b. the Author's name, alias or pseudonym;
c. the Author as the Copyright Holder;
d. the period and conditions of the use of the Works;
e. number; and
f. information code.
(3) The Copyright management information as referred to in paragraph (1) and the Copyright electronic
information as referred to in paragraph (2), which are owned by the Author, are prohibited from being
removed, changed, or damaged.

Division Three
Economic Rights

Subdivision 1
Economic Rights of the Author or the Copyright Holder

Article 8
Economic rights are the exclusive right of the Author or the Copyright Holder in order to gain economic benefits
from the Works.

Article 9
(1) The Author or the Copyright Holder as referred to in Article 8 has the economic rights to engage in:
a. publication of the Works;
b. Reproduction of the Works in all its forms;
c. translation of the Works;
d. adaptation, arrangement, or transformation of the Works;
e. Distribution of the Works or their copies;
f. performance of the Works;
g. Publication of the Works;
h. Communication of the Works; and
i. rental of the Works.

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 (2) Every Person who exercises the economic rights as referred to in paragraph (1) is obliged to obtain
permission from the Author or the Copyright Holder.
(3) Every person is prohibited from exercising Reproduction and/or Commercial Use without any permission
from the Author or the Copyright Holder.

Article 10
Managers of business premises are prohibited from allowing the sale and/or reproduction of goods resulted from
Copyrights and/or Related Rights infringements in the business premises under their management.

Article 11
(1) The economic rights to engage in the Distribution of the Works or copies as referred to in Article 9
Paragraph (1) letter e do not apply to Works or copies that have been sold or ownership of the Works has
been transferred to anyone.
(2) The economic rights to rent out the Works or copies as referred to in Article 9 paragraph (1) letter i do not
apply to Computer Programs where the Computer Program is not the essential object of the rental.

Subdivision 2
Economic Rights to a Portrait

Article 12
(1) Every Person is prohibited from engaging in Commercial Use, Reproduction, Publication, Distribution
and/or Communication of a Portrait taken for commercial billboards or advertising purposes without the
written consent of the persons in the portrait or their heirs.
(2) The Commercial Use, Reproduction, Publication, Distribution and/or Communication of the Portrait as
referred to in paragraph (1), containing portraits of 2 (two) or more persons, are obliged to request the
consent of the persons in the Portrait or their heirs.

Article 13
The Publication, Distribution, or Communication of the Portrait of a Performer or several Performers in a public
performance are not regarded as an infringement of Copyright, unless stated otherwise or authorized by the
Performers or holders of the right to the performance prior to or during the performance.

Article 14
For the purpose of security, public interest, and/or necessity of criminal proceedings, competent authority may
engage in the Publication, Distribution, or Communication of a Portrait without having to secure the consent of
the person or persons depicted in the Portrait.

Article 15
(1) Unless agreed otherwise, the owner and/or holder of a Works of photography, paintings, drawings,
architectural work, sculpture or other artistic works have the right to make a Publication of the Works in a

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 public exhibition or a Reproduction in a catalog produced for exhibition purposes without any consent of
the Author.
(2) The provisions regarding the Publication of Works as referred to in paragraph (1) also apply to Portraits
provided that they do not contradict the provisions as referred to in Article 12.

Subdivision 3
Transfer of Economic Rights

Article 16
(1) Copyright is an intangible movable Object.
(2) A Copyright may be transferred, either in whole or in part by:
a. inheritance;
b. grant;
c. waqf;
d. testament;
e. written agreement; or
f. other justifiable reasons in accordance with the provisions of laws and regulations.
(3) A Copyright may be used as an object of fiduciary collateral.
(4) The provision regarding Copyright as an object of fiduciary collateral as referred to in paragraph (3) shall
be implemented in accordance with the provisions of laws and regulations.

Article 17
(1) Economic rights to Works remain with the Author or the Copyright Holder provided that the Author or the
Copyright Holder does not transfer all economic rights from the Author or the Copyright Holder to the
recipient of the transfer of rights to the Works.
(2) The economic rights that have been transferred by the Author or the Copyright Holder in whole or in part
cannot be transferred for the second time by the same Author or Copyright Holder.

Article 18
For Works in the form of books, and/or all other written works, songs and/or music with or without text that are
transferred in an outright sales agreement and/or indefinite transfers, the Copyrights shall be reverted to the
Author when the agreement reaches a period of 25 (twenty-five) years.

Article 19
(1) Copyrights owned by an Author that have not been, have been, or are not Published, Distributed or
Communicated after the Author’s death become the property of the heirs or his/her beneficiary.
(2) The provisions as referred to in paragraph (1) are not applicable if the rights are obtained in contravention
to law.

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 CHAPTER III
RELATED RIGHTS

Division One
General

Article 20
The Related Rights as referred to in Article 3 letter b are exclusive rights that include:
a. moral rights of Performers;
b. economic rights of Performers;
c. economic rights of Producers of Phonogram; and
d. economic rights of Broadcasting Organizations.

Division Two
Moral Rights of Performers

Article 21
Moral rights of Performers are the right inherent to Performers that cannot be eliminated or cannot be removed
for any reason even though their economic rights have been transferred.

Article 22
The moral rights of Performers as referred to in Article 21 include the right to:
a. have their name stated as Performers, unless agreed otherwise; and
b. not create distortion of Works, mutilation of Works, modification of Works, or matters that have the nature
of damaging their honor or reputation unless agreed otherwise.

Division Three
Economic Rights

Subdivision 1
Economic Rights of Performers

Article 23
(1) Performers have economic rights.

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 (2) The economic rights of Performers as referred to in paragraph (1) shall include the right to self-execute,
authorize or prohibit others from engaging in:
a. Broadcasting or Communication of performances of the Performers;
b. Fixation of performances that have not been fixed;
c. Reproduction of the Fixation of performances by any mean or in any form;
d. Distribution of the Fixation of performances or its copies;
e. rental of the Fixation of performances or its copies to the public; and
f. provision of the Fixation of performances which are publicly accessible.
(3) The Broadcasting or Communication as referred to in paragraph (2) letter a is not applicable to:
a. Fixation of performances that have been authorized by the Performers; or
b. Rebroadcasting or Recommunication of that has been authorized by the Broadcasting Organization
that first receive the performance authorization.
(4) The distribution as referred to in paragraph (2) letter d does not apply to performance works that has been
fixed, sold or transferred.
(5) Every Person may engage in a Commercial Use of Works in a performance without prior authorization
from the Author by paying remuneration to the Author through a Collective Management Organization.

Subdivision 2
Economic Rights of Producers of Phonogram

Article 24
(1) Producers of Phonogram have economic rights.
(2) The economic rights of Producers of Phonogram as referred to in Paragraph (1) shall include the right to
self-execute, authorize or prohibit others from engaging in:
a. reproduction of Phonograms by any means or in any forms;
b. distribution of original Phonograms or their copies;
c. rental of copies of Phonograms to the public; and
d. provision of Phonograms, by wire or wireless means, that are publicly accessible.
(3) The distribution as referred to in paragraph (2) letter b is not applicable to copies of Fixation of
performances that have been sold or whose ownership have been transferred by the Producer of
Phonogram to other parties.
(4) Every Person exercising the economic rights of Producer of Phonogram as referred to in paragraph (2)
must obtain permission from the Producer of Phonogram.

Subdivision 3
Economic Rights of Broadcasting Organizations

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 Article 25
(1) Broadcasting Organizations have economic rights.
(2) The economic rights of Broadcasting Organizations as referred to in paragraph (1) shall include the right
to self-execute, authorize or prohibit others from engaging in:
a. Rebroadcasting of a broadcast;
b. Communication of a broadcast;
c. Fixation of a broadcast; and/or
d. Reproduction of a Fixation of a broadcast.
(3) Every person is prohibited from engaging in any unauthorized commercial distribution of the content of
broadcast works of Broadcasting Organizations.

Subdivision 4
Protection Limitations

Article 26
The provisions as referred to in Article 23, Article 24 and Article 25 does not apply to:
a. use of short excerpts from Works and/or Related Rights products for reporting actual events intended
solely for the purpose of providing actual information;
b. Reproduction of Works and/or Related Rights products solely for the purpose of scientific research;
c. Reproduction of Works and/or Related Rights products solely for the purpose of teaching activities, except
performances and Phonograms that have been published as teaching materials; and
d. use for the purpose of education and scientific development that allows Works and/or Related Rights
products to be used without permission from Performers, Producer of Phonogram, or Broadcasting
Organizations.

Subdivision 5
Equitable Remuneration for the Use of Phonograms

Article 27
(1) Phonograms that are available for public access by wire or wireless means must be considered as
Phonograms that have been Published for commercial purposes.
(2) Users must pay equitable remuneration to Performers and Producer of Phonogram, if a Phonogram have
been Published for commercial purposes or a Reproduction of such Phonogram is used directly for
Broadcasting and/or Communication purposes.
(3) The right to receive equitable remuneration as referred to in paragraph (2) applies for 50 (fifty) years from
the date of Publication.

Article 28

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 Unless agreed otherwise, Producer of Phonogram must pay Performers 1/2 (one half) of their revenues.

Subdivision 6
Transfer of Economic Rights

Article 29
The transfer of economic rights to Works as referred to in Article 16, Article 17 and Article 19 applies mutatis
mutandis to the transfer of economic rights to Related Rights products.

Article 30
For the economic rights to a Performer's Work of songs and/or music that have been transferred and/or sold, the
ownership of the economic rights shall return to the Performer after a period of 25 (twenty-five) years.

CHAPTER IV
AUTHOR

Article 31
Unless proven otherwise, the one to be considered as the Author is the Person whose name:
a. is stated in the Works;
b. is stated as the Author of the Works;
c. is stated in the certificate of Work Recordation; and/or
d. is listed in the general register of Works as the Author.

Article 32
Unless proven otherwise, a Person giving a talk without any written material and no information regarding the
Author of the talk is available, is considered as the Author.

Article 33
(1) In the event that Works comprise several individual parts created by 2 (two) Persons or more, the one that
will be regarded as the Author is the Person leading and overseeing the completion of the whole Works.
(2) In the event that the Person who leads and oversees the completion of the whole Works as referred to in
paragraph (1) does not exist, the one that will be considered as the Author is the Person who puts
together the Works without prejudice to respective Copyrights of each part of the Works.

Article 34
In the event that Works are designed by a person and embodied and executed by other Persons under the
direction and supervision of the Person who designs, the one to be regarded as the Author is the Person

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 designing the Works.

Article 35
(1) Unless agreed otherwise, the Copyright Holder to Works produced by an Author under employment of civil
service institution, the one to be regarded as the Author is the government agency.
(2) In the event that the Works as referred to in paragraph (1) is used commercially, the Author and/or Related
Rights holders will receive remuneration in the form of Royalty.
(3) Further provisions regarding the payment of Royalties for commercial use as referred to in paragraph (2)
shall be regulated under a Regulation of the Government.

Article 36
Unless agreed otherwise, the Author and the Copyright Holder to Works produced under an employment
relationships or based on commission are the party producing the Works.

Article 37
Unless proven otherwise, in the event that a legal entity makes Publication, Distribution, or Communication of
Works originating from that legal entity, without citing any person as the Author, the one to be regarded as the
Author is the legal entity.

CHAPTER V
PROTECTED TRADITIONAL CULTURAL EXPRESSIONS AND WORKS

Division One
Traditional Cultural Expressions and Copyrights of Unknown Authors

Article 38
(1) The Copyright of traditional cultural expressions is held by the State.
(2) The State is obliged to take inventory, preserve, and maintain traditional cultural expressions as referred
to in paragraph (1).
(3) The use of traditional cultural expressions as referred to in paragraph (1) must pay attention to the values
that live in the bearer community (masyarakat pengembannya).
(4) Further provisions regarding Copyrights held by the State on traditional cultural expressions as referred to
in paragraph (1) shall be regulated under a Regulation of the Government.

Article 39
(1) In the event that the Author of Works is unknown and the Works have not been Published, the Copyright
of the Works will be held by the State for the benefit of the Author.
(2) In the event that Works of have been Published but the Author is unknown, or only the alias or pseudonym

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 of the Author is listed, the Copyright to that Works shall be held by the party who makes the Publication for
the interest of the Author.
(3) In the event that Works have been published but the Author and party who make the Publication are
unknown, the Copyright to that Works shaill be held by the State for the interest of the Author.
(4) The provisions as referred to in paragraph (1), paragraph (2) and paragraph (3) are not applicable if the
Author and/or parties making the Publication can prove the ownership to the work concerned.
(5) The interest of the Author as referred to in paragraph (1) and paragraph (3) is executed by the Minister.

Division Two
Protected Works

Article 40
(1) Protected Works which include scientific, artistic, and literary Works, consists of:
a. books, pamphlets, typholographical arrangement of published written work, and all other written
works;
b. talks, lectures, speeches, and other similar Works;
c. props made for educational and scientific purposes;
d. songs and/or music with or without lyrics;
e. dramatic works, musical drama, dance, choreography, puppet show, pantomime;
f. fine art works in any forms such as paintings, drawings, engravings, calligraphy, carvings,
sculptures, or collage;
g. applied art works;
h. architectural works;
i. maps;
j. batik art works or other pattern arts;
k. photographic works;
l. Portraits;
m. cinematographic works;
n. translations, interpretations, alterations (saduran), anthologies (bunga rampai), databases,
adaptation, arrangement, modification and other works resulting from transformation;
o. translation, adaptation, arrangement, transformation, or modification of traditional cultural
expressions;
p. compilation of Works or data, whether in a readable format by Computer Program or by other
media;
q. compilation of traditional cultural expressions as long as that compilation constitutes an original
work;
r. video games; and

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 s. Computer Programs.
(2) The Works as referred to in paragraph (1) letter n are protected as Works in their own right without
prejudicing the Copyright on the original Works.
(3) The protection as referred to in paragraph (1) and paragraph (2) includes the protection for Works that
have not been or are yet to be Published but have been embodied in tangible form allowing the
Reproduction of such Work.

Division Three
Works that are Not Protected by Copyrights

Article 41
Works that are not protected by Copyrights include:
a. works that have not been embodied in tangible form;
b. every idea, procedure, system, method, concept, principle, findings or data despite having been
expressed, stated, described, explained, or incorporated in a Work; and
c. tools, objects, or products that are created solely to resolve technical problems or whose form only serves
functional needs.

Article 42
There is no Copyright to works in the form of:
a. results of open meetings of State institutions;
b. laws and regulations;
c. State speeches or speeches of government officials;
d. court decisions or judge rulings; and
e. scriptures or religious symbols.

CHAPTER VI
COPYRIGHT LIMITATIONS

Article 43
Acts that are not considered as Copyright infringements include:
a. Any Publication, Distribution, Communication, and/or Reproduction of State emblems and national anthem
in accordance with their original nature;
b. Any Publication, Distribution, Communication, and/or Reproduction of everything executed by or on behalf
of the government, unless stated to be protected by laws and regulations, a statement to such Works, or
when Publication, Distribution, Communication, and/or Reproduction to such Works are made;
c. taking of actual news, either in whole or in part from a news agency, Broadcasting Organization, and

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 newspaper or other similar sources provided that the source is fully cited; or
d. the production and distribution of the Copyrighted content through information technology and
communication media that are not commercial and/or lucrative for the Author or related parties, or the
Author expresses no objection to the manufacture and dissemination in question.
e. Reproduction, Publication, and/or Distribution of Portraits of the President, Vice President, former
Presidents, former Vice Presidents, National Heroes, heads of State institutions, heads of ministries/non-
ministerial government agencies, and/or the heads of regions by taking into account the dignity and
appropriateness in accordance with the provisions of laws and regulations.

Article 44
(1) Use, retrieval, Reproduction, and/or change of Works and/or Related Rights products in whole or
substantial part are not regarded as a Copyright infringement if the source is mentioned or cited in full for
the purpose of:
a. education, research, scientific writing, report writing, writing of critique or review of a problem
without prejudicing the reasonable interests of the Author or the Copyright Holder;
b. security and organization of governance, legislative, and judiciary;
c. talks that are only intended for the purpose of education and science; or
d. performances or shows that are free of charge provided that they would not prejudice the
reasonable interests of the Author.
(2) The facilitation of access to Works for persons who are blind, visually impaired or print disabled and/or
users of Braille alphabet, audio books, or other means, is not considered a Copyright infringement if the
source is mentioned or fully cited, except for commercial purposes.
(3) In the event of Works in the form of architectural works, the change as referred to in paragraph (1) will not
be considered a Copyright infringement if it is based on considerations of technical implementation.
(4) Further provisions regarding the facilitation of access to Works for persons who are blind, visually
impaired and print disabled and using Braille alphabet, audio books, or other means as referred to in
paragraph (2) shall be regulated under a Regulation of the Government.

Article 45
(1) A Reproduction of 1 (one) copy or adaptation of a Computer Program carried out by a legitimate user may
be done without the permission from the Author or the Copyright Holder if the copy is used for:
a. research and development of the Computer Program; and
b. archive or backup of the Computer Program acquired legally to prevent loss, damage, or cannot be
operated.
(2) If the use of the Computer Program has expired, the copy or the adaptation of the Computer Program
must be destroyed.

Article 46
(1) Reproduction for personal use of Works that has been published may only be made for 1 (one) copy and
may be carried out without permission from the Author or the Copyright Holder.
(2) The Reproduction for personal purposes as referred to in paragraph (1) does not include:

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 a. architectural works in the form of buildings or other constructions;
b. an entire or a substantial part of a book or musical notation;
c. an entire or a substantial part of a database in digital form;
d. Computer Programs, except as referred to in Article 45 paragraph (1); and
e. Reproduction for personal purposes of which the exercise contravenes the reasonable interests of
the Author or the Copyright Holder.

Article 47
Every non-commercial library or archival institution may reproduce 1 (one) copy of the Works or part of the
Works without permission from the Author or the Copyright Holder by:
a. Reprographic reproduction of a writing that has been Published, summarized, or abridged to meet the
demand of a person provided that:
1. the library or the archival institution ensures that the copy will only be used for educational or
research purposes;
2. the Reproduction is made separately and if it is repeated, that Reproduction must constitute
unrelated events; and
3. no License is offered by the Collective Management Organization for the library or the archival
institution in regard to the reproduced section.
b. the reproduction of copies is for preservation, replacement of required copies, or replacement of copies in
the event that the copy is lost, damaged, or destroyed from the permanent collection at the library or other
archival institutions provided that:
1. it is impossible for the library or the archival institution to obtain a copy in reasonable conditions; or
2. the making of the copy is conducted separately or if done repeatedly, the making of copies must be
unrelated events.
c. the reproduction of copies is intended for Communication or information exchange between libraries,
interarchival institutions, and between library and archival institution.

Article 48
Reproduction, Broadcasting or Communication of Works for information purposes that specifies the source and
name of the Author in full are not considered as Copyright infringements provided that the Works are in the form
of:
a. articles in various fields that have been Published both in printed media and electronic media, unless its
copy is provided by the Author, or is related to the Broadcasting or Communication of the Works;
b. reports of actual events or short excerpts of the Works that are viewed or listened to in certain situations;
and
c. scientific papers, speeches, talks, or other similar Works conveyed to the public.

Article 49
(1) Temporary Acts of Reproduction of Works are not considered as Copyright infringement if the
Reproduction meets the following conditions:

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 a. it is done during the digital transmission or the production of the digital Works in a storage media;
b. it is done by any Person authorized by the Author to transmit the Works; and
c. it uses any tools equipped with automatic deletion mechanism to prevent such Works to be
displayed again.
(2) Any Broadcasting Organization may make temporary recording without authorization from the Author or
the Copyright Holder for the purpose of its activities using its own equipment and facilities.
(3) Broadcasting Organizations are obliged to destroy the temporary recording as referred to in paragraph (2)
not later than 6 (six) months since its production or within a longer period upon approval from the Author.
(4) Broadcasting Organizations may make 1 (one) copy of the temporary recording that has particular
characteristics for official archival purposes.

Article 50
Every Person is prohibited from engaging in Publication, Distribution, or Communication of Works that
contravene morals, religion, morality, public order, or national defense and security.

Article 51
(1) The government may make Publication, Distribution, or Communication of Works through radio, television
and/or other means for national interests without authorization from the Copyright Holder, on the condition
that it is obliged to provide remuneration to the Copyright Holder.
(2) The Broadcasting Organizations making the Publication, Distribution, or Communication of Works as
referred to in paragraph (1) have the right to document the Works solely for the Broadcasting
Organizations on the condition that for subsequent Broadcasting, the Broadcasting Organizations must
obtain authorization from the Copyright Holder.

CHAPTER VII
TECHNOLOGICAL PROTECTION MEASURES

Article 52
Every person is prohibited from damaging, destroying, eliminating, or disabling the function of technological
protection measures used as a safeguard of the Works or Related Rights products as well as the safeguard of
the Copyright or Related Rights, except for State defense and security purposes, as well as other reasons in
accordance with the provisions of laws and regulations, or as agreed otherwise.

Article 53
(1) Works or Related Rights products using information technology-based and/or high technology-based
means of production and/or data storage must satisfy the licensing regulations and production
requirements established by competent authorities.
(2) Further provisions regarding the information technology-based and/or high technology-based means of
production and/or data as referred to in paragraph (1) shall be regulated under a Regulation of the
Government.

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 CHAPTER VIII
COPYRIGHT AND RELATED RIGHTS CONTENT IN INFORMATION AND COMMUNICATION TECHNOLOGY

Article 54
To prevent the infringement of Copyright and Related Rights using information technology-based measures, the
Government is authorized to conduct:
a. supervision on the production and dissemination of Copyrights and Related Rights infringing contents;
b. cooperation and coordination with various parties, either domestic or international in the prevention of
production and dissemination of Copyrights and Related Rights infringing contents; and
c. supervision on the acts of recording Works and Related Rights products using any media in performance
venues.

Article 55
(1) Every Person who is aware of an infringement of Copyright and/or Related Rights through electronic
systems for Commercial use may report to the Minister.
(2) The Minister verifies the reports as referred to in paragraph (1).
(3) In the event that sufficient evidence is found based on the verification of the reports as referred to in
paragraph (2), upon request of the complainant the Minister will recommend the minister in charge of
government affairs in the field of telecommunications and information to block in part or in whole the
Copyrights infringing content in the electronic system or make the services of the electronic system
inaccessible.
(4) In the event that the blocking of Internet sites as referred to in paragraph (3) is done entirely, within a
period of 14 (fourteen) Days after the blocking, the Minister is obliged to request a court ruling.

Article 56
(1) The Minister in charge of government affairs in the field of telecommunications and information pursuant
to the recommendations as referred to in Article 55 paragraph (3) may block the content and/or user’s
access right that infringes Copyrights and/or Related Rights in the electronic system and renders the
electronic system services inaccessible.
(2) Further provisions regarding the implementation of blocking content and/or user’s access right that
infringes Copyrights and/or Related Rights in the electronic system or rendering the electronic service
system as referred to in paragraph (1) are stipulated by a joint regulation of the Minister and the minister
holding the duties and responsibilities in the field of communication and information.

CHAPTER IX
DURATION OF COPYRIGHTS AND RELATED RIGHTS

Division One
Duration of Copyrights

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 Subdivision 1
Duration of Moral Rights

Article 57
(1) The moral rights of Authors as referred to in Article 5 paragraph (1) letter a, letter b, and letter e endure for
indefinite term.
(2) The moral rights of Authors as referred to in Article 5 paragraph (1) letter c and letter d endure for a term
of Copyright on the Works concerned.

Subdivision 2
Duration of Economic Rights

Article 58
(1) Copyright protection for Works in the form of:
a. books, pamphlets, and all other written works;
b. talks, lectures, speeches, and other similar Works;
c. props made for education and scientific purposes;
d. songs or music with or without lyrics;
e. dramatic works, musical dramas, dances, choreography, puppet shows, pantomimes;
f. fine art works in all forms such as paintings, drawings, engravings, calligraphy, carvings, sculptures,
or collage;
g. architectural works;
h. maps; and
i. batik art works or other pattern arts,
endures for a term consisting of the life of the Author and 70 (seventy) years after the Author’s death,
commencing from 1 January of the subsequent year.
(2) In the event that the Works as referred to in paragraph (1) is owned by 2 (two) or more persons, Copyright
protection will endure for a term consisting of the life of the last surviving Author and 70 (seventy) years
after such last surviving author’s death, commencing from 1 January of the subsequent year.
(3) Copyright protection to the Works as referred to in paragraph (1) and paragraph (2) owned or held by a
legal entity endures for 50 (fifty) years since its first Publication.

Article 59
(1) Copyright protection for Works in the form of:
a. photographic works;
b. Portraits;

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 c. cinematographic works;
d. video games;
e. Computer programs;
f. typholographical arrangement of written works;
g. translations, interpretations, alterations, anthologies, databases, adaptations, arrangements,
modifications and other work resulting from transformation;
h. translations, adaptations, arrangements, transformations or modifications of traditional cultural
expressions;
i. compilation of Works or data, either in a readable format by a Computer Program or other media;
and
j. compilation of traditional cultural expressions provided that the compilation is an original work,
endures for 50 (fifty) years since the first Publication.
(2) Copyright Protection for Works of applied art endures for 25 (twenty five) years since the first Publication.

Article 60
(1) Copyrights on traditional cultural expressions held by the State as referred to in Article 38 paragraph (1)
endure indefinitely.
(2) Copyrights to the Works of unknown Authors held by the State as referred to in Article 39 paragraph (1)
and paragraph (3) endure for 50 (fifty) years since the first Publication of such Works.
(3) Copyright to the Works exercised by the party performing the Publication as referred to in Article 39
paragraph (2) endure for 50 (fifty) years since the first Publication of such Works.

Article 61
(1) Duration of Copyright protection for Works of which the Publication are made in parts is calculated from
the date of Publication of the final part.
(2) In determining the duration of Copyright protection for Works consisting of 2 (two) volumes or more of
which the Publication are made periodically and not at the same time, each volume of the Works is
considered as a separate Work.

Division Two
Duration of Related Rights

Subdivision 1
Duration of Moral Rights of Performers

Article 62
The duration of moral rights as referred to in Article 57 applies mutatis mutandis with respect to the moral rights
of Performers.

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 Subdivision 2
Duration of Economic Rights of Performers, Producers of Phonogram and Broadcasting Organizations

Article 63
(1) Protection of economic rights for:
a. Performers, endures for 50 (fifty) years since the performance is fixed in a Phonogram or an
audiovisual;
b. Producers of Phonogram, endures for 50 (fifty) years since the Phonogram is fixed; and
c. Broadcasting Organizations, endures for 20 (twenty) years since the broadcasting work was first
broadcasted.
(2) The duration of economic rights protection as referred to in paragraph (1) commences from 1 January of
the subsequent year.

CHAPTER X
RECORDATION OF WORKS AND RELATED RIGHTS PRODUCTS

Division One
General

Article 64
(1) The Minister administers the recordation and Invalidation of Works and Related Rights products.
(2) The Recordation of Works and Related Rights products as referred to in paragraph (1) is not a
requirement to obtain Copyright and Related Rights.

Article 65
The recordation of Works cannot be carried out for art paintings in the form of logos or distinctive signs that are
used as marks in the course of trade of goods/services or used as a symbol of an organization, business entity
or legal entity.

Division Two
Procedures for Recordation

Article 66
(1) The recordation of Works and Related Rights products is submitted with written Application in the
Indonesian language by the Author, Copyright Holder, Related Rights owner, or his/her Proxy to the
Minister.

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 (2) The Application as referred to in paragraph (1) shall be submitted electronically and/or non-electronically
by:
a. including a sample of Works, Related Rights products, or its substitution;
b. enclosing a statement of ownership of the Works and Related Rights; and
c. pay fees.

Article 67
(1) In the event that the Application as referred to in Article 66 paragraph (1) is submitted by:
a. several persons who are jointly entitled to the Works or Related Rights products, the Application will
be enclosed with a written statement corroborating such rights; or
b. legal entities, the Application will be enclosed with a certified true copy of the deed of establishment
of the legal entity that has been certified by competent officials.
(2) In the event that the Application is submitted by several persons, all the applicants' names must be written
by determining one selected address of applicant.
(3) In the event that the Application is submitted by an applicant who originates from outside the territory of
the Unitary State of the Republic Indonesia, the Application is required to be made through a registered
intellectual property consultant as the Proxy.

Article 68
(1) The Minister conducts an examination to the Application that has satisfied the requirements as referred to
in Article 66 and Article 67.
(2) The examination as referred to in paragraph (1) is conducted to determine whether the Works or Related
Rights products filed are essentially the same or else to the Works recorded in the general registry of
Works or other intellectual property objects.
(3) The results of the examination as referred to in paragraph (1) are used as consideration for the Ministers
to accept or refuse the application.
(4) The Minister decides to accept or refuse the application not later than 9 (nine) months from the date of
receipt of the Application satisfying the requirements as referred to in Article 66 and Article 67.

Article 69
(1) In the event that the Minister accepts the application as referred to in Article 68 paragraph (4), the Minister
issues a certificate of Work recordation and record it in the general register of Works.
(2) The general register of Works as referred to in paragraph (1) specifies:
a. the name of the Author and the Copyright Holder, or the name of the owner of the Related Rights
products;
b. the date of receipt of the Application;
c. the date of completion of the requirements as referred to in Article 66 and Article 67; and
d. number of registration of the Works or the Related Rights products.
(3) The general register of Works as referred to in paragraph (2) may be viewed by every Person for free.

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 (4) Unless proven otherwise, the certificate of Work recordation as referred to in paragraph (1) is the
preliminary proof of ownership to Works or Related Rights products.

Article 70
In the event that the Minister refuses the Application as referred to in Article 68 paragraph (4), the Minister will
notify the refusal in writing to the applicant with reasons.

Article 71
(1) Works of Related Rights products recorded in the general register of Works as referred to in Article 69
paragraph (1) may be issued an official excerpt.
(2) Every Person may obtain the official excerpt as referred to in paragraph (1) that is subject to fees.

Article 72
The Recordation of Works or Related Rights products in the general register of Works does not constitute an
endorsement of the content, meaning, purpose, or shape of the Works or Related Rights products being
recorded.

Article 73
Further provisions regarding procedures for recordation of Works and Related Rights products shall be regulated
under a Regulation of the Government.

Division Three
Invalidation of the Recordation of Works and Related Rights Products

Article 74
(1) The recordation of Works and Related Rights is invalid due to:
a. a request of the person or legal entity whose name is recorded as the Author, Copyright Holder or
Related Rights owner;
b. the lapse of time as referred to in Article 58, Article 59, Article 60 paragraph (2) and paragraph (3)
and Article 61;
c. court decision that has been final and binding regarding the cancellation of recordation of
Works or Related Rights product; or
d. violation of religious norms, norms of morality, public order, State defense and security, or laws and
regulations of which invalidation is executed by the Minister.
(2) Invalidation of recordation of Works upon request of the person or legal entity whose name is recorded as
the Author, the Copyright Holder, or Related Rights owner as referred to in paragraph (1) letter a is subject
to fees.

Article 75

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 Further provisions regarding invalidation of the recordation of Works and Related Rights products as referred to
in Article 74 shall be regulated under a Regulation of the Government.

Division Four
Transfer of Rights to Recordation of Works and Related Rights Products

Article 76
(1) The transfer of Rights to the recordation of Works and Related Rights products as referred to in Article 69
paragraph (1) may be made if the entire Copyright to the recorded Works is transferred to the right
recipient.
(2) The Transfer of Rights as referred to in paragraph (1) is done by submitting a request in writing from both
sides or from the rights recipient to the Minister.
(3) The Transfer of Rights as referred to in paragraph (2) is recorded in the general register of Works and
subject to fees.

Article 77
Further provisions regarding the transfer of rights to recordation of Works and Related Rights products as
referred to in Article 76 shall be regulated under a Regulation of the Government.

Division Five
Changes in Name and/or Address

Article 78
(1) Changes in name and/or address of the person or legal entity of which name is recorded in the general
register of Works as the Author, the Copyright Holder, or the owner of Related Rights products are carried
out by submitting an Application in writing from the Author, the Copyright Holder, or the owner of the
Related Rights products who is the owner of that name and address to the Minister.
(2) Changes in name and/or address of the person or legal entity of which name is recorded in the general
register of Works as the Author, the Copyright Holder, or the owner of Related Rights are recorded in the
general register of Works and subject to fees.

Article 79
Further provisions regarding the changes in name and/or address as referred to in Article 78 shall be regulated
under a Regulation of the Government.

CHAPTER XI
LICENSE AND COMPULSORY LICENSE

Division One

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 License

Article 80
(1) Unless agreed otherwise, Copyright holders or Related Rights owners have the right to grant a license to
other parties pursuant to a written agreement to carry out the acts as referred to in Article 9 paragraph (1),
Article 23 paragraph (2), Article 24 paragraph (2), and Article 25 paragraph (2).
(2) The Licensing Agreement as referred to in paragraph (1) takes into effect for a certain period without
exceeding the duration of the Copyright and Related Rights.
(3) Unless agreed otherwise, the exercise of the acts as referred to in paragraph (1) entails obligation of the
Licensee to pay Royalties to the Copyright Holder or Related Rights owner during the Licensing period.
(4) The determination of the amount of Royalty as referred to in paragraph (3) and procedures for granting
Royalties is based on the Licensing agreement between the Copyright Holder or Related Rights owner
and the Licensee.
(5) The amount of Royalty in the License agreement must be determined based on the prevailing best
practices and serve the equitable principle.

Article 81
Unless agreed otherwise, Copyright Holders or Related Rights owners may exercise on their own or grant a
License to a third party to exercise the acts as referred to in Article 9 paragraph (1), Article 23 paragraph (2),
Article 24 paragraph (2), and Article 25 paragraph (2).

Article 82
(1) Licensing agreements are prohibited from including provisions that bring damages to the Indonesian
economy.
(2) Content of the Licensing agreements is prohibited from contravening the provisions of laws and
regulations.
(3) Licensing agreements are prohibited from becoming means to eliminate or take over all the rights of
Authors to their Works.

Article 83
(1) Licensing Agreements must be recorded by the Minister in the general register of Copyright License
Agreements and subject to fees.
(2) Licensing Agreements that do not comply with the provisions as referred to in Article 82 may not be
recorded in the general register of Licensing agreements.
(3) If a Licensing agreement is not recorded in the general register as referred to in paragraph (1), the
Licensing agreement does not have legal effects to third parties.
(4) Further provisions regarding the procedures for recordation of Licensing Agreements as referred to in
paragraph (1) shall be regulated under a Regulation of the Government.

Division Two

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 Compulsory License

Article 84
A compulsory license is a License to carry out translation and/or Reproduction of scientific and literary Works
which are granted under the decision of the Minister upon request for the purposes of education and/or science
as well as research and development activities.

Article 85
Every Person may apply for a compulsory license of scientific and literary Works as referred to in Article 84 for
the purposes of education, science, and research and development activities to the Minister.

Article 86
(1) With respect to the request for a compulsory license as referred to in Article 85, the Minister may:
a. oblige the Copyright Holder to do their own translation and/or Reproduction of Works in the territory
of the Republic of Indonesia within a specified time;
b. oblige concerned Copyright Holder to authorize other parties to carry out the translation and/or
Reproduction of Works in the territory of the Republic Indonesia within a specified period where the
Copyright Holder does not do on their own; or
c. appoint other parties to do the translation and/or Reproduction of the Works in the event that the
Copyright Holder does not carry out the obligations as referred to in letter b.
(2) The Obligation to do the translation as referred to in paragraph (1) is implemented after a lapse of a period
of 3 (three) years since the scientific and literary Works are published insofar as the works have never
been translated into the Indonesian language.
(3) The obligation to perform Reproduction as referred to in paragraph (1) is implemented after the lapse of a
period of:
a. 3 (three) years since a book in the field of mathematics and natural sciences has been Published
and the book has never been Reproduced in the territory of the Unitary Republic of Indonesia;
b. 3 (three) years since a book in the field of social sciences has been Published and the book has not
been Reproduced in the territory of the Unitary State of Republic of Indonesia; and
c. 3 (three) years since a book in the field of arts and literature has been Published and the book has
never been Reproduced in the territory of the Unitary State of the Republic of Indonesia.
(4) The Translation or Reproduction as referred to in paragraph (1) may only be used in the territory of the
Unitary State of the Republic of Indonesia.
(5) The implementation of the provisions as referred to in paragraph (1) letter b and letter c entails reasonable
remuneration.
(6) Further provisions regarding compulsory licenses shall be regulated under a Regulation of the
Government.

CHAPTER XII
COLLECTIVE MANAGEMENT ORGANIZATIONS

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 Article 87
(1) In order to obtain the economic rights, every Author, Copyright Holder, and Related Rights owner become
members of a Collective Management Organization in order to collect reasonable remuneration from
users who use the Copyright and Related Rights in non-commercial public service.
(2) Copyright and Related Rights Users, who use the Rights as referred to in paragraph (1), pay Royalties to
the Author, Copyright Holder, or Related Rights owners through a Collective Management Organization.
(3) The Users as referred to in paragraph (1) enter into an agreement with the Collective Management
Organization stipulating the obligation to pay the Royalties for the Copyright and Related Rights being
used.
(4) The commercial use of Works and/or Related Rights products by users is not considered an infringement
of this Law insofar as the user has done and has fulfilled the obligations under the agreement with the
Collective Management Organization.

Article 88
(1) The Collective Management Organization as referred to in Article 87 paragraph (1) is obliged to submit
Application for operational permit to the Minister.
(2) Operational permit as referred to in paragraph (1) fulfills the requirements of:
a. being a non-profit Indonesian legal entity;
b. being authorized by the Author, Copyright Holder, or Related Rights owners to collect, and distribute
royalties;
c. having mandate givers as members for at least 200 (two hundred) Authors for Collective
Management Organizations in the field of songs and/or music that represent the interests of authors
and at least 50 (fifty) for Collective Management Organizations representing Related Rights owners
and/or other Copyright objects;
d. having the objective to collect and distribute Royalties; and
e. being able to collect and distribute royalties to Authors, Copyright Holders or Related Rights
owners.
(3) Collective Management Organizations that do not have an operational permit from the Minister as referred
to in paragraph (1) are prohibited from collecting and distributing Royalties.

Article 89
(1) To manage Copyright Royalties in the field of songs and/or music 2 (two) national Collective Management
Organizations are established that each represents:
a. interests of Authors; and
b. interests of Related Rights owners.
(2) Both of Collective Management Organizations as referred to in paragraph (1) have the authority to collect
and distribute Royalties from commercial Users.
(3) To collect as referred to in paragraph (2) the two Collective Management Organizations coordinate and
determine the amount of Royalties that is the right of each Collective Management Organization in
accordance with the prevailing best practice.

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 (4) The provisions concerning guidelines for determining the amount of royalties are established by the
Collective Management Organizations as referred to in paragraph (1) and endorsed by the Minister.

Article 90
In managing rights of Authors and Related Rights owners, the Collective Management Organizations are obliged
to perform financial audits and performance audits conducted by public accountant at least once in 1 (one) year
and announce the results to the public through 1 (one) national print media and 1 (one) electronic media.

Article 91
(1) A Collective Management Organization may only use operational funds as much as 20% (twenty percent)
from the total amount of Royalties collected annually.
(2) During the first 5 (five) years since the establishment of the Collective Management Organization under
this Law, the Collective Management Organization may use operational funds a maximum of 30% (thirty
percent) of the total amount of royalties collected annually.

Article 92
(1) The Minister evaluates the Collective Management Organizations at least once in 1 (one) year.
(2) In the event that the result of the evaluation as referred to in paragraph (1) shows that the Collective
Management Organization does not comply with the provisions as referred to in Article 88, Article 89
paragraph (3), Article 90, or Article 91, the Minister will revoke the operational permit of the Collective
Management Organization.

Article 93
Further provisions regarding procedures for requesting and issuing operational permit, as well as evaluating the
Collective Management Organizations are regulated in a Ministerial Regulation.

Chapter XIII
FEES

Article 94
The fees as referred to in Article 66 paragraph (2) letter c, Article 71 paragraph (2), Article 74 paragraph (2),
Article 76 paragraph (3), Article 78 paragraph (2), and Article 83 paragraph (1) are non-tax State revenues
collected in accordance with the provisions of laws and regulations in the field of non-tax State revenues.

Chapter XIV
DISPUTE SETTLEMENT

Division One
General

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 Article 95
(1) Copyright dispute settlement may be done through alternative dispute resolution, arbitration, or courts.
(2) The authorized court as referred to in paragraph (1) is the Commercial Court.
(3) Courts other than the Commercial Court as referred to in paragraph (2) are not authorized to handle
Copyright dispute settlement.
(4) In addition to the infringement of Copyrights and/or Related Rights in the form of Piracy, insofar as all
parties in dispute are known to exist and/or are in the territory of the Unitary State of the Republic
Indonesia, they first undertake a settlement of disputes through mediation before proceeding with penal
charges.

Article 96
(1) Authors, Copyright holders and/or Related Rights holders or their heirs suffering from loss of economic
rights are entitled to Damages.
(2) The Damages as referred to in paragraph (1) are given and specified simultaneously in the verdict of the
court decision regarding the Copyright and/or Related Rights criminal offenses.
(3) The Payment of Compensation to the Author, Copyright Holder and/or Related Rights owner is made
within not later than 6 (six) months after the court decision is final and binding.

Article 97
(1) In the event that the Works have been recorded under Article 69 paragraph (1), other interested parties
may file a lawsuit for cancellation of recordation of the Works in the public register of Works through the
Commercial Court.
(2) The lawsuit as referred to in paragraph (1) is addressed to the Author and/or the registered Copyright
Holder.

Article 98
(1) The transfer of Copyright of Works in whole to other parties does not prejudice the right of the Author or
their heirs to file a lawsuit against any Person who deliberately and without rights and without the consent
of the Author violates the moral rights of the Author as referred to in Article 5 paragraph (1).
(2) The transfer of economic rights of Performers to other parties does not prejudice the right of Performers or
their heirs to file a lawsuit against any Person who deliberately and without rights and without the consent
of the Performers infringement the moral rights as referred to in Article 22.

Article 99
(1) Authors, Copyright Holders, or the Related Rights owners are entitled to file claim for damages to the
Commercial Court for infringement of Copyrights or Related Rights products.
(2) The claim for damages as referred to in paragraph (1) may be in the form of a request to give all or a part
of the income earned from organizing talks, scientific meetings, performances or exhibitions of the work
resulting from the infringement of Copyright or Related Rights products.

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 (3) In addition to the claim as referred to in paragraph (1), Authors, Copyright Holders, or Related Rights
owners may request an interlocutory injunction to the Commercial Court to:
a. request the seizure of the Works that has been Published or Reproduced, and/or Reproduction
tools used to produce the Works resulting from an infringement of Copyright and Related Rights
products; and/or
b. cease the activity of Publication, Distribution, Communication, and/or Reproduction of the Works
resulting from an infringement of Copyright and Related Rights products.

Division Two
Procedures for Lawsuit

Article 100
(1) A claim for Copyright infringement is submitted to the chief justice of the Commercial Court.
(2) The claim as referred to in paragraph (1) is recorded by the clerk of the Commercial Court in the register
of court cases on the date the claim is filed.
(3) The clerk of the Commercial Court provides a receipt that has been signed on the same date as the date
of registration.
(4) The clerk of the Commercial Court submits the claim application to the chief justice of the
Commercial Court not later than 2 (two) days since the date the claim is filed.
(5) Within a period of not later than 3 (three) Days from the registration date, the Commercial Court sets the
trial Day.
(6) Notices and subpoena of parties are carried out by the bailiff not later than 7 (seven) Days after the claim
is registered.

Article 101
(1) A decision to the claim is pronounced not later than 90 (ninety) Days since the lawsuit is filed.
(2) In the event that the period as referred to in paragraph (1) cannot be met, upon the approval of the Chief
Justice of the Supreme Court that period may be extended for 30 (thirty) days.
(3) The decision as referred to in paragraph (1) is pronounced in an open court hearing.
(4) The decision of the Commercial Court as referred to in paragraph (3) is delivered by the bailiff to the
parties not later than 14 (fourteen) Days since the decision is pronounced.

Division Three
Legal Remedies

Article 102
(1) The decision of the Commercial Court as referred to in Article 101 paragraph (3) is only subject to an
appeal to the Supreme Court.
(2) The appeal to the Supreme Court as referred to in paragraph (1) is filed not later than 14 (fourteen) Days

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 since the date the decision of the Commercial Court is pronounced in an open court hearing or is notified
to the parties.
(3) The appeal as referred to in paragraph (2) is registered in the Commercial Court releasing the decision to
the claim by payment of fee of which amount is determined by the court.
(4) The clerk of the Commercial Court registers the appeal to the Supreme Court on the date the application
is submitted and provides a signed receipt for the appellant on the same date as the registration date.
(5) The clerk of the Commercial Court is obliged to convey the appeal to the Supreme Court as referred to in
paragraph (4) to the defendant not later than 7 (seven) Days after the appeal to the Supreme Court is
filed.

Article 103
(1) The appellant submits an appeal memory to the Supreme Court to the clerk of the Commercial Court not
later than 14 (fourteen) Days as from the date of the appeal to the Supreme Court is filed.
(2) The clerk of the Commercial Court delivers the appeal memory to the Supreme Court as referred to in
paragraph (1) to the defendant not later than 7 (seven) Days since the clerk of the Commercial Court
receives the appeal memory to the Supreme Court.
(3) The defendant may submit a counter memory of appeal to the Supreme Court to the clerk of the
Commercial Court not later than 14 (fourteen) Days since the defendant receives the appeal memory to
the Supreme Court.
(4) The clerk of the Commercial Court delivers a counter memory of appeal to the Supreme Court to the
appellant not later than 7 (seven) Days since the clerk of the Commercial Court receives the counter
memory of appeal to the Supreme Court.
(5) The clerk of the Commercial Court sends the counter memory of appeal to the Supreme Court not later
than 14 (fourteen) Days as from the period as referred to in paragraph (3).

Article 104
(1) Within a period of 7 (seven) Days since the Supreme Court receives petition to appeal, the Supreme Court
sets a trial Day.
(2) The decision of appeal to the Supreme Court must be pronounced not later than 90 (ninety) Days as from
the date the appeal is accepted by the Supreme Court.
(3) The clerk of the Supreme Court is obliged to deliver a copy of the appeal decision to the clerk of the
Commercial Court not later than 7 (seven) days since the appeal decision is pronounced.
(4) The bailiff of the Commercial Court is obliged to deliver a copy of the appeal decision as referred to in
paragraph (3) to the appellant and the defendant within a period of 7 (seven) days since the clerk of the
Commercial Court receives the appeal decision.

Article 105
The right to claim for infringement of Copyright and/or Related Rights does not prejudice the Rights of the Author
and/or the Related Rights owner to charge for penal lawsuit.

CHAPTER XV

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 INTERLOCUTORY INJUNCTION

Article 106
Upon the request of the party affected by the implementation of Copyright or Related Rights, the Commercial
Court may issue an interlocutory injunction to:
a. prevent the entry of products which are allegedly resulting from the infringement of the Copyright or
Related Rights into trade channels;
b. withdraw from circulation and seize as well as to keep as admissible evidence related to the infringement
of Copyright or Related Rights;
c. secure evidence and prevent its elimination by perpetrator; and/or
d. cease the infringement in order to prevent greater damages.

Article 107
(1) Request for interlocutory injunction is submitted in writing by the Author, the Copyright Holder, the Related
Rights owner, or their Proxy to the Commercial Court by compelling the following requirements:
a. attaching proof of Copyright or Related Rights ownership;
b. attaching initial indications of the infringement of the Copyright or Related Rights;
c. attaching a clear description on the goods and/or documents requested, searched, collected, or
secured for evidence;
d. attaching a statement of concern that the party allegedly committing the Copyright or Related Rights
offense will destroy the evidence; and
e. paying a bail with the amount proportional to the value of the goods to be subject to the interlocutory
injunction.
(2) The request for interlocutory injunction as referred to in paragraph (1) is submitted to the chief justice of
the Commercial Court within the jurisdiction where the goods allegedly to be resulting from Copyright or
Related Rights infringement are found.

Article 108
(1) If the request for interlocutory injunction has complied the requirements as referred to in Article 107, the
clerk of the Commercial Court registers the request and submits the request for interlocutory injunction not
later than 1x24 (one times twenty four) hours to the chief justice of the Commercial Court.
(2) Within not later than 2 (two) Days as from the date of receipt of the request for interlocutory injunction as
referred to in paragraph (1), Chief Justice of the Commercial Court appoints a judge of Commercial Court
to review the request for interlocutory injunction.
(3) Within not later than 2 (two) Days as from the date of appointment as referred to in paragraph (2), judge of
the Commercial Court must decide in order to grant or refuse the request for interlocutory injunction.
(4) In the event that the request for interlocutory injunction is accepted, judge of the Commercial Court will
issue a letter of interlocutory injunction.
(5) The interlocutory injunction as referred to in paragraph (4) is notified to the parties subject to the
interlocutory injunction within not later than 1x24 (one times twenty four) hours.

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 (6) In the event that the interlocutory injunction is rejected, the Commercial Court judge will notify the rejection
to the interlocutory injunction applicant with the reasons.

Article 109
(1) In the event that the Commercial Court issues the interlocutory injunction as referred to in Article 108
paragraph (4), the Commercial Court will summon the party that is subject to the interlocutory injunction
not later than 7 (seven) days since the date of the issuance of the interlocutory injunction for questioning.
(2) Party that is subject to the interlocutory injunction may submit information and evidence regarding the
Copyright not later than 7 (seven) Days from the date of receipt of subpoena as referred to in paragraph
(1).
(3) Not later than 30 (thirty) Days since the date of issuance of the interlocutory injunction, the judge of the
Commercial Court decides to affirm or annul the interlocutory injunction.
(4) In the event that the interlocutory injunction is affirmed, then:
a. the bail that has been paid must be returned to the applicant of interlocutory injunction;
b. the applicant may file a claim for damages due to Copyright infringement; and/or
c. the applicant may report the Copyright infringement to the investigator officer of the National Police
of the Republic of Indonesia or civil servant investigator.
(5) In the event that the interlocutory injunction is annulled, the bail that has been paid will be given to the
party who is subject to the interlocutory injunction as compensation for damages resulting from the
interlocutory injunction.

CHAPTER XVI
INVESTIGATION

Article 110
(1) In addition to investigating officials of the Indonesian National Police, certain Civil Servant Officials in
ministries who hold government affairs in the field of law specially authorized as investigators as referred
to in the Law that regulates the criminal procedure to conduct investigations on Copyright and Related
Rights crimes.
(2) The investigator as referred to in paragraph (1) has authority to conduct:
a. verification on the accuracy of the reports or information in relation to criminal offenses in the field of
Copyright and Related Rights;
b. examination to the persons or legal entities allegedly committing criminal offenses in the field of
Copyright and Related Rights;
c. soliciting information and evidence from persons or legal entities in relation to criminal offenses in
the field of Copyright and Related Rights;
d. examination of books, records and other documents relating to criminal offenses in field of
Copyright and Related Rights;
e. searching and examination of premises that are alleged contain evidence, bookkeeping, records
and other documents relating to criminal offenses in the field of Copyright and Related Rights;

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 f. confiscation and/or termination of circulation upon the permission of the court of materials and
goods resulting from the offenses that may be used as evidence in a criminal case in the field of
Copyright and Related Rights in accordance with the Code of Criminal Procedure;
g. request for expert deposition in performing the tasks of criminal investigations in the field of
Copyright and Related Rights;
h. request for assistance from relevant institutions to arrests, detent, set a wanted list, prevent and
deter against perpetrators of criminal offenses in the field of Copyright and Related Rights; and
i. termination of the investigation if there is no sufficient evidence of criminal activity in the field of
Copyright and Related Rights.
(3) In conducting the investigation, the civil servant investigator officials may seek the assistance of the
investigator officials of the Indonesian National Police.
(4) Civil servant investigator officials notify the commencement of the investigation to the public prosecutor
and investigator officials of the Indonesian National Police.
(5) Results of investigations conducted by the civil service investigating officials are submitted to public
prosecutors through the investigator officials of the Indonesian National Police.
(6) In the event of conducting actions as referred to in paragraph two (2) letter e and letter f the Civil Servant
Investigator will seek the assistance of the investigator officials of the Indonesian National Police.

Article 111
(1) Evidence proceedings conducted in the course of the examination process at the level of investigation,
prosecution, and examination in court may be conducted by utilizing information and communication
technology in accordance with the provisions of laws and regulations.
(2) Electronic information and/or electronic documents are recognized as evidence in accordance with the
provisions laws and regulations.

CHAPTER XVII
CRIMINAL PROVISIONS

Article 112
Every Person who unlawfully commits the acts as referred to in Article 7 Paragraph (3) and/or Article 52 for
Commercial Use shall be sentenced to imprisonment for up to 2 (two) years and/or a fines up to
Rp300,000,000.00 (three hundred million rupiahs).

Article 113
(1) Every Person who unlawfully infringes the economic rights as referred to in Article 9 Paragraph (1) letter i
for Commercial Use shall be sentenced to imprisonment for up to 1 (one) year and/or fine up to
Rp100,000,000 (one hundred million rupiahs).
(2) Every Person who unlawfully and/or without permission of the Author or the Copyright holder infringes the
economic rights of the Author as referred to in Article 9 paragraph (1) letter c, letter d, letter f, and/or the
letter h for Commercial Use shall be sentenced to imprisonment for up to 3 (three) years and/or fine up to
Rp500,000,000.00 (five hundred million rupiahs).

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 (3) Every person who unlawfully and/or without permission of the Author or Copyright holders infringes the
economic rights of the Author as referred to in Article 9 Paragraph (1) letter a, letter b, letter e, and/or letter
g for Commercial Use shall be sentenced to imprisonment for up to 4 (four) years and/or fine up to
Rp1,000,000,000.00 (one billion rupiahs).
(4) Every Person fulfilling the elements as referred to in paragraph (3) by committing piracy, shall be
sentenced to imprisonment for up to 10 (ten) years and/or fine up to Rp4,000,000,000.00 (four billion
rupiahs).

Article 114
Every Person managing business premises in all its forms who deliberately and knowingly allows the sale and/or
duplication of goods resulting from infringement of Copyright and/or Related Rights in the premises that they
manage as referred to in Article 10 shall be sentenced with a maximum fine of Rp100,000,000.00 (one hundred
million rupiahs).

Article 115
Every Person who without the consent of the person portrayed or their heirs engages in a Commercial Use,
Duplication, Announcement, Distribution, or Communication of the Portrait as referred to in Article 12 for the
purpose of advertising or publicity for Commercial Use both in electronic media and non-electronic media, shall
be sentenced with a maximum fine of Rp500,000,000.00 (five hundred million rupiahs).

Article 116
(1) Every Person unlawfully infringes the economic rights as referred to in Article 23 paragraph (2) letter e for
Commercial Use shall be sentenced to imprisonment for up to 1 (one) year and/or fine up to
Rp100,000,000 (one hundred million rupiahs).
(2) Every Person unlawfully infringes the economic rights as referred to in Article 23 paragraph (2) letter a,
letter b, and/or letter f, for Commercial Use shall be sentenced to imprisonment for up to 3 (three) years
and/or fine up to Rp500,000,000.00 (five hundred million rupiahs).
(3) Every Person unlawfully infringes the economic rights as referred to in Article 23 paragraph (2) letter c
and/or letter d for Commercial Use shall be sentenced to imprisonment for up to 4 (four) years and/or fine
up to Rp1,000,000,000.00 (one billion rupiahs).
(4) Every Person fulfilling the elements as referred to in paragraph (3) by committing Piracy shall be
sentenced to imprisonment for up to 10 (ten) years and/or fine for up to Rp4,000,000,000.00 (four billion
rupiahs).

Article 117
(1) Every Person who deliberately and unlawfully infringes the economic rights as referred to in Article 24
paragraph (2) letter c for the Commercial Use shall be sentenced to imprisonment for up to 1 (one) year
and/or fine up to Rp100,000,000 (one hundred million rupiahs).
(2) Every Person who deliberately and unlawfully infringes the economic rights as referred to in Article 24
paragraph (2) letter a, letter b, and/or letter d for the Commercial Use shall be sentenced to imprisonment
for up to 4 (four) years and/or fine up to Rp1,000,000,000.00 (one billion rupiahs).
(3) Every Person fulfilling the elements as referred to in paragraph (2) by committing Piracy shall be
sentenced to imprisonment for up to 10 (ten) years and/or fine up to Rp4,000,000,000.00 (four billion

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 rupiahs).

Article 118
(1) Every Person who deliberately and unlawfully infringes the economic rights as referred to in Article 25
paragraph (2) letter a, letter b, letter c and/or letter d for Commercial Use shall be sentenced to
imprisonment for up to 4 (four) years and/or fine up to Rp1,000,000,000.00 (one billion rupiahs).
(2) Every Person fulfilling the elements as referred to in Article 25 paragraph (2) letter d with the intention of
committing Piracy shall be sentenced to imprisonment for up to 10 (ten) years and/or fine up to
Rp4,000,000,000.00 (four billion rupiahs).

Article 119
Any Collective Management Organization without any operating permit from the Minister as referred to in Article
88 paragraph (3) and engages in Royalty collection shall be sentenced to imprisonment for up to 4 (four) years
and/or fine up to Rp1,000,000,000.00 (one billion rupiahs).

Article 120
The criminal offenses as referred to in this Law shall be warranty complaint.

CHAPTER XVIII
TRANSITIONAL PROVISIONS

Article 121
At the time this Law comes into force:
a. Pending application for recordation of Works and Related Rights products are to be completed under the
provisions of Law Number 19 of 2002 on Copyrights;
b. certificate of Work registration under this Law is called a certificate of Work recordation that has been
issued prior to this Law remains effective until the expiry of the protection period;
c. the sale and purchase agreement regarding economic rights to Works in the form of songs and/or music
which is reached before this Law, remains effective until the expiry of the agreement period;
d. Copyright cases that are in proceedings proceeds under Law Number 19 of 2002 on Copyrights;
e. the collection and Distribution of Royalties conducted by professional organizations or similar bodies by
any name that have existed before the enactment of this Law may proceed until the establishment of the
Collective Management Organization in accordance with the provisions of this Law;
f. professional organizations or any similar bodies by any name as referred to in letter e, to the provisions as
referred to in Article 87, Article 88 and Article 89 as from the enactment of this Law;
g. professional organizations or similar bodies by any name that have previously existed whose duty and
function included collecting, managing, and/or distributing Royalties before the enactment of this Law
adapt and transform into a Collective Management Organization within 2 (two) years since the enactment
of this Law.

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 Article 122
At the time this Law comes into force, agreements on Works of books and/or other written work as well as songs
and/or music with or without text transferred in sold flat agreements and/or unlimited time transfer that were
made before the entry into force of this Law is reverted to the Author with the following conditions:
a. The Copyrights in sold flat agreements that at the time of the enactment of this Law have reached a period
of 25 (twenty five) years reverted to the Author 2 (two) years since the entry into force of this Law;
b. The Copyrights in sold flat agreements that at the time of the enactment of this Law have not yet reached
a period 25 (twenty five) years are reverted to the Author after reaching 25 (twenty five) years since the
signing of the sold flat agreement plus 2 (two) years.

CHAPTER XIX
CLOSING PROVISIONS

Article 123
At the time this Law comes into force, all laws and regulations that are implementing regulations of Law Number
19 of 2002 on Copyrights (State Gazette of the Republic Indonesia of 2002 Number 85, Supplement to State
Gazette of the Republic of Indonesia Number 4220), remains effective to the extent not contrary to the provisions
of this Law.

Article 124
At the time this Law comes into force, Law Number 19 of 2002 on Copyrights (State Gazette of the Republic of
Indonesia of 2002 Number 85, Supplement to State Gazette of the Republic of Indonesia Number 4220) is
repealed and declared ineffective.

Article 125
Implementing regulations of this Law must be established not later than 2 (two) years since this Law is
promulgated.

Article 126
This Law comes into force on the date of its promulgation.
In order that every person may know hereof, it is ordered to promulgate this law by its placement in the state
Gazette of the Republik of Indonesia.

Enacted in Jakarta,
On 16 October 2014
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Signed.
DR. H. SUSILO BAMBANG YUDHOYONO

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 Promulgated in Jakarta,
On 16 October 2014
MINISTER OF LAW AND HUMAN RIGHT OF THE REPUBLIC OF INDONESIA,
Signed.
AMIR SYAMSUDIN

STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 2014 NUMBER 266

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 ELUCIDATION
OF
LAW OF THE REPUBLIC OF INDONESIA
NUMBER 28 OF 2014
ON
COPYRIGHTS

I. GENERAL
Copyright is part of intellectual property that has the most extensive scope of protected objects, because it
includes scientific, artistic and literary works as well as computer programs. The development of creative
economy which has become one of the mainstays of Indonesia and other countries and the rapid growth
of information and communication technologies requires an update to the Copyright Law, due to the fact
that Copyright has become the most important basis for the national creative economy. Under a Copyright
Law that fulfills the elements of protection and development of the creative economy it is expected that the
contribution of the Copyrights and Related Rights sector for the country's economy can be more optimal.
The progress of information and communication technology has become one of the variables in this Law
on Copyrights, considering that information and communication technologies on the one hand have a
strategic role for the development of Copyrights; but have also become a tool for violations against law in
this field. Thus, proportional regulation is indispensable, in order to optimize positive functions and
minimize the negative impacts.
The step taken by the House of Representatives of the Republic of Indonesia and the Government to
change Law Number 19 of 2002 on Copyrights with this Law is an earnest effort by the State to protect the
Economic rights and moral rights of Authors and Related Rights owners as an important element in the
development of national creativity. The denial of economic rights and moral rights can erode the
motivation of Authors and Related Rights owners to be creative. Such loss of motivation will lead to a wide
impact of the collapse of the macro creativity of the Indonesian nation. Reflecting on developed countries,
one can see that adequate protection of Copyrights has successfully led to a significant growth of the
creative economy and provided a real contribution to the economy and welfare of the people.
By taking into account the considerations that it is necessary to change the Copyright Law with a new one,
which broadly regulates:
a. Copyright protections exercised with a longer period in line with the practice in various countries so
that the period of Copyright protection in certain fields endures for life of the Author plus 70
(seventy) years after the Author's death.
b. Better protection of the economic rights of Authors and/or Related Rights owners, including limiting
the transfer of economic rights in the form of sold flat (sold flat).
c. Effective dispute resolution through mediation, arbitration or the courts, as well as the application of
a complaint offense for criminal prosecution.
d. Managers of trading premises who are responsible for the sales venue and/or violations of
Copyright and/or Related Rights in the shopping centers that they manage.
e. Copyrights as a movable intangible objects that may be used as an object collateral of fiducia.
f. The Minister who is authorized to remove a Work that has been recorded, if the Work violates
religious norms, norms of morality, public order, defense and security of the State, as well as
provisions of laws and regulations.

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 g. Authors, Copyright Holders, Related Rights owners who become members of Collective
Management Organization in order to be able to draw remuneration or Royalties.
h. Authors and/or Related Rights owners who receive Royalties for Works or Related Rights products
produced in service relations and used commercially.
i. Collective Management Organizations that serve to collect and manage the economic rights of
Authors and Related Rights owners are required to apply for an operating permit to the Minister.
j. Use of Copyright and Related Rights in multimedia facilities to respond the developments of
information and communication technology.
At the international level, Indonesia has participated as a member of the Agreement Establishing the
World Trade Organization that includes Trade Related Aspects of Intellectual Property Rights, hereinafter
referred to as TRIPS, through Law Number 7 of 1994.
In addition, Indonesia has ratified the Berne Convention for the Protection of Artistic and Literary Works
through Presidential Decree Number 18 of 1997 and the World Intellectual Property Organization
Copyright Treaty, hereinafter referred to as WCT, through Presidential Decree Number 19 of 1997, as well
as the World Intellectual Property Organization Performances and Phonograms Treaty, hereinafter
referred to as WPPT, through Presidential Decree Number 74 of 2004.
The replacement of Law Number 19 of 2002 on Copyrights with this Law was made to prioritize national
interests and the balance between the interests of Authors, Copyright Holders, or Related Rights owners,
and the public as well as in consideration of provisions in treaties in the field of Copyrights and Related
Rights.

II. ARTICLE BY ARTICLE

Article 1
Self-explanatory.

Article 2
Self-explanatory.

Article 3
Self-explanatory.

Article 4
"exclusive right" means right that is solely intended for the Author, accordingly no other party may take
advantage of these rights without the permission of the Author. Copyright holders who are not Authors only
possess a portion of the exclusive rights in the form of economic rights.

Article 5
Paragraph (1)
Letter a

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 Self-explanatory.
Letter b
Self-explanatory.
Letter c
Self-explanatory.
Letter d
Self-explanatory.
Letter e
"distortion of Works" means the act of twisting facts or identity of the Works.
"mutilation of Works" means the process or act to eliminate part of the Works.
"modifications of Works" means a change to the Works.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.

Article 6
Self-explanatory.

Article 7
Self-explanatory.

Article 8
Self-explanatory.

Article 9
Paragraph (1)
Letter a
Self-explanatory.
Letter b
Reproduction of Works includes recording using camcorder in a movie theater and live
performance.
Letter c
Self-explanatory.
Letter d

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 Self-explanatory.
Letter e
Self-explanatory.
Letter f
Self-explanatory.
Letter g
Self-explanatory.
Letter h
Self-explanatory.
letter i
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.

Article 10
Self-explanatory.

Article 11
Paragraph (1)
Self-explanatory.
Paragraph (2)
"essential object" means computer software that is the main object of a rental agreement.

Article 12
Paragraph (1)
"for advertising or publicity purposes" means the placement of a portrait including in advertisements,
banners, billboards, calendars and pamphlets for commercial use.
Paragraph (2)
Self-explanatory.

Article 13
"unless stated otherwise or authorized by the Performers or rights holders of the performance" for example, a
singer in a musical performance may object to have his portait taken for publication, distribution, or

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 communication to the public by other party for commercial use.

Article 14
"competent authority" in this provision means, among others, ministries that hold government affairs in the field
of communication and information, the Corruption Eradication Commission, or other law enforcement officials.

Article 15
Paragraph (1)
"owner" in this provision means the person who lawfully controls the Works, such as, collectors or
Copyright Holders.
Paragraph (2)
Self-explanatory.

Article 16
Paragraph (1)
Self-explanatory.
Paragraph (2)
"may be transferred" means only economic rights, whereas moral rights remain inherent to the Author. The
transfer of Copyright must be done clearly and in writing with or without a notary deed.
Letter a
Self-explanatory.
Letter b
Self-explanatory.
Letter c
Self-explanatory.
Letter d
Self-explanatory.
Letter e
Self-explanatory.
Letter f
"other justifiable reasons in accordance with the provisions of laws and regulations" means, among
others, a transfer due to a court decision that is final and binding, mergers, acquisitions, or
dissolution of a company or a legal entity where a consolidation or separation of company assets
take place.
Paragraph (3)
Self-explanatory.

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 Paragraph (4)
Self-explanatory.

Article 17
Self-explanatory.

Article 18
"other written works" means, among others, poetry anthology manuscript, general dictionary, and Daily public
newspapers.
"sold flat" means an agreement that requires the Author to hand over his Work through a full payment by the
purchaser so that the economic rights of the Works is entirely transferred to the purchaser without a time limit, or
in the practice is known as sold flat.

Article 19
Self-explanatory.

Article 20
Self-explanatory.

Article 21
Self-explanatory.

Article 22
Letter a
Self-explanatory.
Letter b
"distortion of Works" means the act of twisting facts or identity of a Performer's work.
"mutilation of Works" means the process or act of eliminating a part of a Performer's work.
"modifications of Works" means the alteration to a Performer's work.

Article 23
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.

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 Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.
Paragraph (5)
"remuneration to the Author" means Royalty of which value is standardized by the Collective Management
Organization.

Article 24
Paragraph (1)
Self-explanatory.
Paragraph (2)
Letter a
“by any manner or in any form” means, among others, transformation of the recording from a
physical format (compact disc/video compact disc/digital video disc) into a digital format (MPEG-1
Audio Layer 3 (mp3), Waveform Audio Format (WAV), MPEG-1 Audio Layer 4 (mp4), or a
transformation from a book into an audio book.
Letter b
Self-explanatory.
Letter c
Self-explanatory.
Letter d
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.

Article 25
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
"distribution" means the utilization of broadcasting work which sources either from public, private, or
subscription-based Broadcasting Agency for Commercial Use.

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 Article 26
Self-explanatory.

Article 27
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
"equitable remuneration" means remuneration that is determined in accordance with the prevailing norms
as established by the Collective Management Organization.

Article 28
Self-explanatory.

Article 29
Self-explanatory.

Article 30
Self-explanatory.

Article 31
Self-explanatory.

Article 32
Self-explanatory.

Article 33
Self-explanatory.

Article 34
"under the direction and supervision" means under the guidance, direction, or correction of the Person who owns
the design.

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 Article 35
Paragraph (1)
"employment of civil service institution" means the employment relation between the State apparatus and
their institution.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.

Article 36
"under employment relation or based on commissioned" means Works that are made on the basis of
employment relation in a private institution or on the basis of orders of other parties.

Article 37
Self-explanatory.

Article 38
Paragraph (1)
"traditional cultural expressions" means one or a combination of the following forms of expression:
a. textual verbal, both oral and in writing, in the form of prose or poetry, in various themes and content
of the message, which may be a literary work or an informative narrative;
b. music, including, among others, vocal, instrumental, or any combination thereof;
c. motion, including, among others, dance;
d. theater, including, among others, puppet shows and folk plays;
e. fine art, either in two-dimensional or three-dimensional form made of various kinds materials such
as leather, wood, bamboo, metal, stone, ceramics, paper, textile, et cetera or a combination thereof;
and
f. traditional ceremonies.
Paragraph (2)
Self-explanatory.
Paragraph (3)
"values that live in the custodian practicing them" include customs, norms of customary law, customary
norms, social norms, and other noble norms upheld by the community of origin that maintains, develops,
and preserves the traditional cultural expressions.
Paragraph (4)
Self-explanatory.

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 Article 39
Paragraph (1)
This provision is intended to affirm the status of Copyright in works where the Author is unknown and not
yet published, for example, in the case of a manuscript that has not been published in the form of a book
or a musical work that has not been recorded.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.
Paragraph (5)
Self-explanatory.

Article 40
Paragraph (1)
Letter a
"typholographical arrangement of a published written work " means a work that is commonly known
as "typholographical arrangement", that is the artistic aspect in the composition and form of written
work. This includes, among other, formats, ornament, color composition and arrangement or layout
of aesthetic fonts that as a whole presents a unique form.
Letter b
Self-explanatory.
Letter c
"visual aids" means Works in 2 (two) or 3 (three) dimensional form related to geography,
topography, architecture, biology, or other sciences.
Letter d
"songs or music with or without lyrics" means as a unity of Work as a whole.
Letter e
Self-explanatory.
Letter f
"drawings" means, among others, motifs, diagrams, sketches, logos, colours elements and
aesthetic fonts.
"collage" means an artistic composition made of various materials, for example, fabric, paper, or
wood affixed to a sketch surface or work media.
Letter g
"work of applied art" means a fine art work created by applying art to a product that has an aesthetic

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 impression to fulfill practical needs, among others, the use of drawings, motifs, or ornament on a
product.
Letter h
"architectural works" means, among others, the physical form of building, building layout,
construction design drawings, technical drawings of a building, and models or mockups of a
building.
Letter i
"maps" means a depiction of natural and/or man-made elements that are situated above or below
the earth's surface that are depicted on a flat surface with a certain scale, both through digital and
non-digital media.
Letter j
"batik art works" means a contemporary batik motif that is innovative, contemporary, and not
traditional. The work is protected because it has artistic value, in relation to the image, style, as well
as color composition.
"other motif art work" means a motif that is the national heritage of Indonesia found in different
regions, such as songket art, ikat motifs, tapis motifs, ulos motifs, and other motif art that is
contemporary, innovative, and continues to be developed.
Letter k
"photographic works" means all photographs produced by using camera.
Letter l
Self-explanatory.
Letter m
The definition of "cinematographic works" means a Work in the form of moving images, including
documentary films, advertising films, reportage or feature films made with a scenario, and cartoons.
Cinematographic work may be made on celluloid tape, videotape, video discs, optical discs and/or
other media that allow for screening in cinemas, on wide screen, television, or other media.
Cinematography is an example of audiovisual form.
Letter n
"anthologies" means a Work in the form of a book containing a compilation of selected written
works, collection of selected songs, and composition of various selected dances recorded on
cassette, optical disc, or other media.
"databases" means a compilation of data in any form that is readable by a computer or a
compilation in any other form, which due to the selection or arrangement of the data content
amounts to an intellectual creation. Protection for the database is granted without prejudice to the
rights of the Author whose Work is included in the database.
"adaptations" means the transformation of a Work into another form. For example, a book adapted
into a film.
"other work resulting from transformation" means to transform the format of a Work into another
format. For example, pop music becoming dangdut music.
Letter o
Self-explanatory.

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 Letter p
Self-explanatory.
Letter q
Self-explanatory.
Letter r
Self-explanatory.
Letter s
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.

Article 41
Letter a
Self-explanatory.
Letter b
Self-explanatory.
Letter c
"functional needs" means the human need for a tool, object, or a specific product that based on its shape
has specific uses and functions.

Article 42
Self-explanatory.

Article 43
Letter a
Self-explanatory.
Letter b
"Any Publication, Distribution, Communication, and/or Reproduction which is conducted by or on behalf of
the government" means, for example, Publication, Distribution, Communication, and/or any Reproduction
done by or on behalf of the government with respect to the results of research conducted at State
expenses.
Letter c
"actual news" means news published or communicated to the public within 3x24 (three times twenty four)
hours since it is first communicated to the public.

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 Letter d
Self-explanatory.
Letter e
Self-explanatory.

Article 44
Paragraph (1)
"substantial part" means the most important and distinctive part that is the hallmark of a Work.
Letter a
"reasonable interests of the Author or the Copyright Holder" means interests based on the balance
in taking economic benefits of a Work.
Letter b
Self-explanatory.
Letter c
Self-explanatory.
Letter d
Self-explanatory.
Paragraph (2)
"facilitating access to Works" means the provision of facilities to engage in the use, retrieval,
Reproduction, format alteration, Publication, Distribution, and/or Communication of a Work in whole or its
substantial part.
Paragraph (3)
"based on considerations of technical implementation", means, for example, changes in land area that
was insufficient, asymmetrical position, different material composition, and changes to the architectural
form due to natural factors.
Paragraph (4)
Self-explanatory.

Article 45
Paragraph (1)
Users (not Copyright Holders) of Computer Programs may make 1 (one) copy or adaptation of the
computer program they own legally, for the research and development of the Computer Program or to be
used as a backup solely for their personal use. The production of the backup copy is not considered as a
Copyright infringement.
Paragraph (2)
The destruction of a copy or adaptation of a Computer Program is intended to avoid unlawful use by other
parties

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 Article 46
Self-explanatory.

Article 47
Self-explanatory.

Article 48
Self-explanatory.

Article 49
Paragraph (1)
"temporary acts of Reproduction" means non-permanent addition to the quantity of a Work done by digital
media, for example the reproduction of songs or music, books, drawings, and other work using a computer
media either via intranet or internet that is then stored temporarily in a digital storage.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
"particular characteristics" means a record that contains documentaries, history, for state interests, or that
which has exceeded its period of legal protection.

Article 50
Self-explanatory.

Article 51
Self-explanatory.

Article 52
"technological protection measures" means any technology, device, or component designed to prevent or restrict
unautrorized acts by the Author, the Copyright Holder, the Related Rights owners, and/or those prohibited by
laws and regulations.

Article 53
Paragraph (1)

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 "information technology-based and/or high technology-based means of production and/or data storage"
means, among others, optical discs, servers, cloud computing, secret codes, passwords, barcodes, serial
numbers, description, decryption technology, and encryption that are used to protect a Work.
Paragraph (2)
Self-explanatory.

Article 54
Letter a
"content" means the content of the Work result available in any media.
The form of dissemination of content includes, among others, uploading content over the internet.
Letter b
Self-explanatory.
Letter c
Self-explanatory.

Article 55
Paragraph (1)
"Commercial Use" means in the information and communication technology media including direct (paid)
commercial use as well as the provision of free content services that derive economic benefits from other
parties who benefit from the use of the Copyright and/or Related Rights in question.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.

Article 56
Paragraph (1)
"block the content and/or user’s access rights" means 2 (two) things that include, firstly, blocking the
contents or sites providing content services and, secondly, in the form of blocking the access of users to
specific sites by way of blocking the internet protocol address or similar.
Paragraph (2)
Self-explanatory.

Article 57

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 Self-explanatory.

Article 58
Self-explanatory.

Article 59
Self-explanatory.

Article 60
Self-explanatory.

Article 61
Self-explanatory.

Article 62
Self-explanatory.

Article 63
Paragraph (1)
Self-explanatory.
Paragraph (2)
"duration of economic rights protection commences from 1 January of the year following the event" means
the provision as referred to in the TRIPs Agreement of Article 14 paragraph (5).
For example, if a work is fixed on 30 October 2014 it immediately obtains legal protection and a period of
50 years commences from 1 January 2015.

Article 64
Paragraph (1)
Self-explanatory.
Paragraph (2)
Recording of Works and Related Rights products is not a requirement for the Authors, Copyright Holders
or Related Rights owners. The protection of a Work begins since the Work exists or is manifested and not
due to its recordation. It means that a Work remains protected despite being recorded or not.

Article 65
Self-explanatory.

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 Article 66
paragraph (1)
Self-explanatory.
Paragraph (2)
Letter a
A Work substitution or a Related Rights product substitution is a sample of the Work or Related
Rights product that is attached because the Work or the Related Rights product is technically
impossible to be attached to the Application, for example, a large statue that is replaced with a
miniature or a photograph.
Letter b
"a statement of ownership" means a statement of Copyright or Related Rights products ownership
stating that the Work or Related Rights product genuinely belongs to the Author, Copyright holder or
Related Rights owner.
Letter c
Self-explanatory.

Article 67
Self-explanatory.

Article 68
Paragraph (1)
Self-explanatory.
Paragraph (2)
"other intellectual property objects" means a register contained in the mark register, the industrial design
register, and the patent register.
Paragraph (3)
Self-explanatory.
Paragraph (4)
This provision is intended to provide legal certainty for the applicant.

Article 69
Self-explanatory.

Article 70
Self-explanatory.

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 Article 71
Self-explanatory.

Article 72
The Minister is not responsible for the content, meaning, purpose, or the form of the Works or Related Rights
products registered.

Article 73
Self-explanatory.

Article 74
Self-explanatory.

Article 75
Self-explanatory.

Article 76
Self-explanatory.

Article 77
Self-explanatory.

Article 78
Self-explanatory.

Article 79
Self-explanatory.

Article 80
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)

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 Self-explanatory.
Paragraph (4)
Self-explanatory.
Paragraph (5)
Calculation and imposition of the Royalty amount need to consider elements that are the basis for
calculating the Royalty amount, for example, the number of seats, number of rooms, room area, number
of exemplars copied, in accordance with best practices.

Article 81
Self-explanatory.

Article 82
Paragraph (1)
Self-explanatory.
Paragraph (2)
"provisions of laws and regulations" means the Code of Civil Law and the Law governing the prohibition of
monopolistic practices and unfair competition. These provisions are intended to protect Authors, Copyright
Holders or Related Rights owners.
Paragraph (3)
Self-explanatory.

Article 83
Self-explanatory.

Article 84
Self-explanatory.

Article 85
Self-explanatory.

Article 86
Self-explanatory.

Article 87
Paragraph (1)
Self-explanatory.

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 Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
"use of Works and/or Related Rights products" means Reproduction for the fair interests of users and
Publication.
For example, digital reproduction of songs and/or music for the interests of karaoke bar, or the provision of
songs and/or music on means of transportation.

Article 88
Self-explanatory.

Article 89
Paragraph (1)
letter a
Self-explanatory.
letter b
"Related Rights owner in the field of songs and/or music" means Performers and Producers.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.

Article 90
Self-explanatory.

Article 91
Self-explanatory.

Article 92
Self-explanatory.

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 Article 93
Self-explanatory.

Article 94
Self-explanatory.

Article 95
Paragraph (1)
Forms of dispute related to Copyright includes disputes in the form of tort, License agreements, disputes
regarding tariffs and collecting remuneration or Royalties.
"alternative dispute resolution" means the process of settling dispute by way of mediation, negotiation or
conciliation.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.

Article 96
Self-explanatory.

Article 97
Self-explanatory.

Article 98
Self-explanatory.

Article 99
Self-explanatory.

Article 100
Self-explanatory.

Article 101

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 Self-explanatory.

Article 102
Paragraph (1)
"only to an appeal to the Supreme Court" means there is no legal remedies of an appeal.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.
Paragraph (5)
Self-explanatory.

Article 103
Self-explanatory.

Article 104
Self-explanatory.

Article 105
Self-explanatory.

Article 106
Letter a
Self-explanatory.
Letter b
Self-explanatory.
Letter c
Self-explanatory.
Letter d
This provision is intended to prevent greater damages to the party of which rights are infringed; therefore,
the judge of the Commercial Court is authorized to issue an interlocutory injunction to prevent the
continued infringement and the introduction of products allegedly infringing Copyright and Related Rights
into the trade channels, including exports and imports.

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 Article 107
Self-explanatory.

Article 108
Self-explanatory.

Article 109
Self-explanatory.

Article 110
Self-explanatory.

Article 111
Self-explanatory.

Article 112
Self-explanatory.

Article 113
Self-explanatory.

Article 114
Self-explanatory.

Article 115
Self-explanatory.

Article 116
Self-explanatory.

Article 117
Self-explanatory.

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DIZZA ALIFTSA | DIUNDUH PADA 13 DESEMBER 2022