Editing Licenses/CC-BY-2.5

{{:Licenses/CC-BY }}

----
== Legal code ==
<div style="border: solid 1px black; padding: 1em;">CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.</div>
{
    "pages": [
        {
            "ocr_value": [
                "2",
                "5"
            ],
            "confidence": 100,
            "pageNumber": "2",
            "leafNum": 1
        },
        {
            "ocr_value": [
                "3",
                "15"
            ],
            "confidence": 100,
            "pageNumber": "3",
            "leafNum": 2
        },
        {
            "ocr_value": [
                "4",
                "25"
            ],
            "confidence": 100,
            "pageNumber": "4",
            "leafNum": 3
        },
        {
            "ocr_value": [
                "5",
                "3"
            ],
            "confidence": 100,
            "pageNumber": "5",
            "leafNum": 4
        },
        {
            "ocr_value": [
                "6"
            ],
            "confidence": 100,
            "pageNumber": "6",
            "leafNum": 5
        },
        {
            "ocr_value": [
                "7",
                "8"
            ],
            "confidence": 100,
            "pageNumber": "7",
            "leafNum": 6
        },
        {
            "ocr_value": [
                "8",
                "2"
            ],
            "confidence": 100,
            "pageNumber": "8",
            "leafNum": 7
        },
        {
            "ocr_value": [
                "9",
                "2"
            ],
            "confidence": 100,
            "pageNumber": "9",
            "leafNum": 8
        },
        {
            "ocr_value": [
                "10",
                "2",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "10",
            "leafNum": 9
        },
        {
            "ocr_value": [
                "11",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "11",
            "leafNum": 10
        },
        {
            "ocr_value": [
                "12",
                "2"
            ],
            "confidence": 100,
            "pageNumber": "12",
            "leafNum": 11
        },
        {
            "ocr_value": [
                "13",
                "25"
            ],
            "confidence": 100,
            "pageNumber": "13",
            "leafNum": 12
        },
        {
            "ocr_value": [
                "14",
                "6"
            ],
            "confidence": 100,
            "pageNumber": "14",
            "leafNum": 13
        },
        {
            "ocr_value": [
                "15",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "15",
            "leafNum": 14
        },
        {
            "ocr_value": [
                "16",
                "38"
            ],
            "confidence": 100,
            "pageNumber": "16",
            "leafNum": 15
        },
        {
            "ocr_value": [
                "17",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "17",
            "leafNum": 16
        },
        {
            "ocr_value": [
                "18",
                "3",
                "2",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "18",
            "leafNum": 17
        },
        {
            "ocr_value": [
                "19",
                "43"
            ],
            "confidence": 100,
            "pageNumber": "19",
            "leafNum": 18
        },
        {
            "ocr_value": [
                "20",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "20",
            "leafNum": 19
        },
        {
            "ocr_value": [
                "21",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "21",
            "leafNum": 20
        },
        {
            "ocr_value": [
                "22",
                "48"
            ],
            "confidence": 100,
            "pageNumber": "22",
            "leafNum": 21
        },
        {
            "ocr_value": [
                "23",
                "50"
            ],
            "confidence": 100,
            "pageNumber": "23",
            "leafNum": 22
        },
        {
            "ocr_value": [
                "24",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "24",
            "leafNum": 23
        },
        {
            "ocr_value": [
                "25",
                "3",
                "14"
            ],
            "confidence": 100,
            "pageNumber": "25",
            "leafNum": 24
        },
        {
            "ocr_value": [
                "26",
                "2"
            ],
            "confidence": 100,
            "pageNumber": "26",
            "leafNum": 25
        },
        {
            "ocr_value": [
                "27",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "27",
            "leafNum": 26
        },
        {
            "ocr_value": [
                "28",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "28",
            "leafNum": 27
        },
        {
            "ocr_value": [
                "29",
                "65"
            ],
            "confidence": 100,
            "pageNumber": "29",
            "leafNum": 28
        },
        {
            "ocr_value": [
                "30",
                "3"
            ],
            "confidence": 100,
            "pageNumber": "30",
            "leafNum": 29
        },
        {
            "ocr_value": [
                "31",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "31",
            "leafNum": 30
        },
        {
            "ocr_value": [
                "32",
                "60",
                "61",
                "2"
            ],
            "confidence": 100,
            "pageNumber": "32",
            "leafNum": 31
        },
        {
            "ocr_value": [
                "33",
                "76"
            ],
            "confidence": 100,
            "pageNumber": "33",
            "leafNum": 32
        },
        {
            "ocr_value": [
                "34",
                "3"
            ],
            "confidence": 100,
            "pageNumber": "34",
            "leafNum": 33
        },
        {
            "ocr_value": [
                "35",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "35",
            "leafNum": 34
        },
        {
            "ocr_value": [
                "36",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "36",
            "leafNum": 35
        },
        {
            "ocr_value": [
                "37",
                "3",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "37",
            "leafNum": 36
        },
        {
            "ocr_value": [
                "38",
                "2"
            ],
            "confidence": 100,
            "pageNumber": "38",
            "leafNum": 37
        },
        {
            "ocr_value": [
                "39"
            ],
            "confidence": 100,
            "pageNumber": "39",
            "leafNum": 38
        },
        {
            "ocr_value": [
                "40",
                "4"
            ],
            "confidence": 100,
            "pageNumber": "40",
            "leafNum": 39
        },
        {
            "ocr_value": [
                "41",
                "22"
            ],
            "confidence": 100,
            "pageNumber": "41",
            "leafNum": 40
        },
        {
            "ocr_value": [
                "42",
                "4"
            ],
            "confidence": 100,
            "pageNumber": "42",
            "leafNum": 41
        },
        {
            "ocr_value": [
                "43",
                "4"
            ],
            "confidence": 100,
            "pageNumber": "43",
            "leafNum": 42
        },
        {
            "ocr_value": [
                "44",
                "3"
            ],
            "confidence": 100,
            "pageNumber": "44",
            "leafNum": 43
        },
        {
            "ocr_value": [
                "45",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "45",
            "leafNum": 44
        },
        {
            "ocr_value": [
                "46",
                "6"
            ],
            "confidence": 100,
            "pageNumber": "46",
            "leafNum": 45
        },
        {
            "ocr_value": [
                "47",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "47",
            "leafNum": 46
        },
        {
            "ocr_value": [
                "48",
                "2",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "48",
            "leafNum": 47
        },
        {
            "ocr_value": [
                "49",
                "i",
                "9"
            ],
            "confidence": 100,
            "pageNumber": "49",
            "leafNum": 48
        },
        {
            "ocr_value": [
                "50",
                "12"
            ],
            "confidence": 100,
            "pageNumber": "50",
            "leafNum": 49
        },
        {
            "ocr_value": [
                "51",
                "10"
            ],
            "confidence": 100,
            "pageNumber": "51",
            "leafNum": 50
        },
        {
            "ocr_value": [
                "52",
                "2002"
            ],
            "confidence": 100,
            "pageNumber": "52",
            "leafNum": 51
        },
        {
            "ocr_value": [
                "53",
                "2"
            ],
            "confidence": 100,
            "pageNumber": "53",
            "leafNum": 52
        },
        {
            "ocr_value": [
                "54",
                "126"
            ],
            "confidence": 100,
            "pageNumber": "54",
            "leafNum": 53
        },
        {
            "ocr_value": [
                "55",
                "2017"
            ],
            "confidence": 100,
            "pageNumber": "55",
            "leafNum": 54
        },
        {
            "ocr_value": [
                "28",
                "2014",
                "2002",
                "19"
            ],
            "confidence": 0,
            "pageNumber": "56",
            "leafNum": 55
        },
        {
            "ocr_value": [
                "2",
                "70"
            ],
            "confidence": 100,
            "pageNumber": "2",
            "leafNum": 56
        },
        {
            "ocr_value": [
                "3",
                "4"
            ],
            "confidence": 100,
            "pageNumber": "3",
            "leafNum": 57
        },
        {
            "ocr_value": [
                "4",
                "8"
            ],
            "confidence": 100,
            "pageNumber": "4",
            "leafNum": 58
        },
        {
            "ocr_value": [
                "5",
                "2"
            ],
            "confidence": 100,
            "pageNumber": "5",
            "leafNum": 59
        },
        {
            "ocr_value": [
                "6",
                "2"
            ],
            "confidence": 100,
            "pageNumber": "6",
            "leafNum": 60
        },
        {
            "ocr_value": [
                "7",
                "19"
            ],
            "confidence": 100,
            "pageNumber": "7",
            "leafNum": 61
        },
        {
            "ocr_value": [
                "8",
                "2"
            ],
            "confidence": 100,
            "pageNumber": "8",
            "leafNum": 62
        },
        {
            "ocr_value": [
                "9",
                "2"
            ],
            "confidence": 100,
            "pageNumber": "9",
            "leafNum": 63
        },
        {
            "ocr_value": [
                "10",
                "3"
            ],
            "confidence": 100,
            "pageNumber": "10",
            "leafNum": 64
        },
        {
            "ocr_value": [
                "11",
                "4"
            ],
            "confidence": 100,
            "pageNumber": "11",
            "leafNum": 65
        },
        {
            "ocr_value": [
                "12",
                "d"
            ],
            "confidence": 100,
            "pageNumber": "12",
            "leafNum": 66
        },
        {
            "ocr_value": [
                "13",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "13",
            "leafNum": 67
        },
        {
            "ocr_value": [
                "14",
                "m"
            ],
            "confidence": 100,
            "pageNumber": "14",
            "leafNum": 68
        },
        {
            "ocr_value": [
                "15",
                "d"
            ],
            "confidence": 100,
            "pageNumber": "15",
            "leafNum": 69
        },
        {
            "ocr_value": [
                "16",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "16",
            "leafNum": 70
        },
        {
            "ocr_value": [
                "17",
                "51"
            ],
            "confidence": 100,
            "pageNumber": "17",
            "leafNum": 71
        },
        {
            "ocr_value": [
                "18",
                "2"
            ],
            "confidence": 100,
            "pageNumber": "18",
            "leafNum": 72
        },
        {
            "ocr_value": [
                "19",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "19",
            "leafNum": 73
        },
        {
            "ocr_value": [
                "20",
                "2"
            ],
            "confidence": 100,
            "pageNumber": "20",
            "leafNum": 74
        },
        {
            "ocr_value": [
                "21",
                "74"
            ],
            "confidence": 100,
            "pageNumber": "21",
            "leafNum": 75
        },
        {
            "ocr_value": [
                "22",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "22",
            "leafNum": 76
        },
        {
            "ocr_value": [
                "23",
                "88"
            ],
            "confidence": 100,
            "pageNumber": "23",
            "leafNum": 77
        },
        {
            "ocr_value": [
                "24",
                "1"
            ],
            "confidence": 100,
            "pageNumber": "24",
            "leafNum": 78
        },
        {
            "ocr_value": [
                "25",
                "5"
            ],
            "confidence": 100,
            "pageNumber": "25",
            "leafNum": 79
        },
        {
            "ocr_value": [
                "26",
                "110"
            ],
            "confidence": 100,
            "pageNumber": "26",
            "leafNum": 80
        },
        {
            "ocr_value": [
                "27",
                "123"
            ],
            "confidence": 100,
            "pageNumber": "27",
            "leafNum": 81
        },
        {
            "ocr_value": [
                "28",
                "5599"
            ],
            "confidence": 100,
            "pageNumber": "28",
            "leafNum": 82
        }
    ],
    "confidence": 98.78048780487805,
    "identifier": "/var/tmp/autoclean/derive/law-id-no-28-of-2014/law of the republic of indonesia number 28 of 2014 on copyrights"
}

Skip to main content

Wayback Machine
Books
Video
Audio
Software
Images
Donate
More

Sign up for free
Log in
  Search metadata
Search text contents
Search TV news captions
Search radio transcripts
Search archived web sites
Advanced Search
Full text of "Law of the Republic of Indonesia Number 28 of 2014 on Copyrights"
See other formats
LAW OF THE REPUBLIC OF INDONESIA 
NUMBER 28 OF 2014 
ON

COPYRIGHTS

BY THE BLESSINGS OF ALMIGHTY GOD

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 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 unduly 
compatible with the legal developments and public 
needs requiring its change with a new Law; 


- 2 - 

Observing 

To enact 

e. that based on the considerations as referred to in point 
a, point b, point c, and point d, it is necessary to make a 
Law on Copyrights.

: Article 5 section (1), Article 20, Article 28 C section (1), and

Article 33 of the 1945 Constitution of the Republic of
Indonesia;

With the Joint Approval of 
THE HOUSE OF REPRESENTATIVES 
and

THE PRESIDENT OF THE REPUBLIC OF INDONESIA

HAS DECIDED:

: LAW ON COPYRIGHTS. 

CHAPTER I

GENERAL PROVISIONS

Article 1

In this Law:

1. Copyright means an exclusive right of the author vested 
automatically on the basis of declaratory principle after 
Works are embodied in a tangible form without reducing by 
virtue of restrictions in accordance with the provisions of 
laws and regulations.

2. Author means a person or several persons who individually 
or jointly produce works that are unique and personal.

3. Works mean any scientific, artistic, and literary works 
resulted from inspiration, ability, thought, imagination, 
dexterity, skill or expertise expressed in a tangible form.

4. Copyright Holder means 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 such 
acquiring lawful rights.

5. Related Right means any right related to Copyrights that 
constitute the exclusive right of the performer, producer of 
phonogram or Broadcasting organization. 


- 3 - 

6. Performer(s) means one or several persons who individually 
or jointly display and perform works.

7. Producer of Phonogram means 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 means any organizer of 
Broadcasting, including public Broadcasting organization, 
private Broadcasting organization, community Broadcasting 
organization and subscription-based Broadcasting 
organization who in performing the duties, functions and 
responsibilities complies with the provisions of laws and 
regulations.

9. Computer Program means 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 means a photographic work with a human object.

11. Publication means 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 means any process, act, or method of 
Reproducing one or more copies of Works and/or 
phonogram by any mean and in any form, permanently or 
temporarily.

13. Fixation means the embodiment of sounds, images or both 
of them, which may be seen, heard, reproduced or 
communicated through any device.

14. Phonogram means a Fixation of sound of a performance or 
of other sounds, or of a representation of sound, exclusive 
of the form of Fixation incorporated in a cinematography or 
other audiovisual Works.

15. Broadcasting means a transmission of a Work or a Related 
Rights product by wireless means to be received by anyone 
in any location away from originated transmission. 


- 4 - 

16. Communication to the public, hereinafter referred to as 
Communication, means 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 place and at a time individually 
chosen by them.

17. Distribution means the sale, circulation, and/or 
dissemination of Works and/or Related Rights products.

18. Proxy means an intellectual property consultant, or a 
person authorized by an Author, Copyright Holder or
Related Rights owner.

19. Application means an application for the recordation of 
Works by the applicant to the Minister.

20. License means 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 means 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 means an institution 
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 means any unauthorized Reproduction of Works 
and/or Related Rights products and distribution of goods 
resulting from extensively to gain economic benefits.

24. Commercial Use means any use of Works and/or Related 
Rights products with the purpose of gaining economic 
benefits from various sources or by payment.

25. Damage means an amount of money imposed on infringer 
of economic rights violations of an Author of a Copyright 
Holder and/or a Related Rights owner under a court 
decision in a civil or criminal case that is final and binding 
for the loss suffered by the Author, Copyright Holder and/or 
Related Rights owner. 


- 5 - 

26. Minister means the minister administering government 
affairs in the legal field.

27. Person means a natural person or legal entity.

28. Day means a work Day. 

Article 2

This Law applies to:

a. all Works and Related Rights products of Indonesian 
nationals, residents and legal entities;

b. all Works and Related Rights products of non-Indonesian 
nationals, 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 
nationals, 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 State 
parties to or Contracting States to the same 
multilateral agreement regarding the protection of 
Copyrights and Related Rights.

Article 3

This Law regulates:

a. Copyrights; and

b. Related Rights. 

CHAPTER II 
COPYRIGHTS

Part One 
General

Article 4

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


- 6 - 

Part two 
Moral Rights

Article 5

(1) The moral rights as referred to in Article 4 are rights that 
are eternally inherent to the Author 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 
society;

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 section (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 section (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 
section (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 point a includes information about: 
a. methods or systems that can identify the originality of 
the substance of the Works and the Author; and 


- 7 - 

b. the information code and access code.

(2) The Copyright electronic information as referred to in Article 
6 point 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 
section (1) and the Copyright electronic information as 
referred to in section (2), which are owned by the Author, 
are prohibited from being removed, changed, or damaged.

Part Three 
Economic Rights

Paragraph 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; 


- 8 - 

f. performance of the Works;

g. Publication of the Works;

h. Communication of the Works; and

i. rental of the Works.

(2) Every Person who exercises the economic rights as referred 
to in section (1) is obligated 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 location 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 Section (1) point 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 section (1) point i do not apply to 
Computer Programs where the Computer Program is not 
the essential object of the rental.

Paragraph 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 


- 9 - 

referred to in section (1), containing portraits of 2 ( two) or 
more persons, are obligated 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 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 section (1) also apply to Portraits insofar as 
they do not contradict the provisions as referred to in 
Article 12.

Paragraph 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; 


- 10 - 

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 fiducia collateral.

(4) The provision regarding Copyright as the object of fiducia 
collateral as referred to in section (3) is 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

The Works of books, and/or all other written works, songs 
and/ or music with or without text that are transferred in a sold 
flat agreement and/or indefinite transfers, are to 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 section (1) are not 
applicable if the rights are obtained in contravention to law. 


- 11 - 

CHAPTER III 
RELATED RIGHTS

Part One 
General

Article 20

The Related Rights as referred to in Article 3 point 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.

Part 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 personal honor or reputation unless agreed 
otherwise. 

Part Three 
Economic Rights

Paragraph 1

Economic Rights of Performers 


- 12 - 

Article 23

(1) Performers have economic rights.

(2) The economic rights of Performers as referred to in section 
(1) include the exclusive right to 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 of 
copies;

e. rental of the Fixation of performances or of copies to 
the public; and

f. making available of the Fixation of performances to 
public access..

(3) The Broadcasting or Communication as referred to in 
section (2) point a is not applicable to:

a. Fixation of performances that have been authorized by 
the Performers; or

b. Rebroadcasting or Recommunication of what has been 
authorized by the Broadcasting Organization first 
receiving the performance authorization.

(4) The distribution as referred to in section (2) point 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.

Paragraph 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 


- 13 - 

to in Section (1) include the exclusive right to authorize or 
prohibit others from engaging in:

a. reproduction of Phonograms by any means or in any 
forms;

b. distribution of original of Phonograms or of copies;

c. rental of copies of Phonograms to the public; and

d. making available, by wire or wireless means, of 
Phonograms to public access.

(3) The distribution as referred to in section (2) point b is not 
applicable to copies of performance Fixation 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 section (2) must obtain 
permission from the Producer of Phonogram.

Paragraph 3

Economic Rights of Broadcasting Organizations

Article 25

(1) Broadcasting Organizations have economic rights.

(2) The economic rights of Broadcasting Organizations as 
referred to in Section (1) include the exclusive right to 
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 broadcast Fixation.

(3) Every person is prohibited from engaging in any 
unauthorized commercial distribution for of the content of 
broadcast works of Broadcasting Organizations.

Paragraph 4 
Protection Limitations

Article 26 

The provisions as referred to in Article 23, Article 24 and Article 
25 apply to: 


- 14 - 

a. use of short excerpts from Works and/or Related Rights 
products for reporting actual events intended solely for the 
purpose of providing current 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.

Paragraph 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 reasonable remuneration to Performers and 
Producer of Phonogram, if a Phonogram Published for 
commercial purposes or a Reproduction of such 
Phonogram, is used directly for Broadcasting and/or for 
Communication.

(3) The right to receive reasonable remuneration as referred to 
in section (2) applies for 50 (fifty) years from the date of 
Publication. 

Article 28

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

Paragraph 6

Transfer of Economic Rights 


- 15 - 

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

The economic rights to a Performer's Work of songs and/or 
music that have been transferred and/or sold, 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 he Person leading and overseeing 
the completion of the entire Works.

(2) In the event that the Person who leads and oversees the 
completion of the whole Works as referred to in section (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. 


- 16 - 

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 will be regarded 
as the Author is the Person 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 section (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 section (2) are regulated in 
a Government Regulation.

Article 36

Unless agreed otherwise, the Author and the Copyright Holder to 
Works produced under an employment relation 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 the legal entity, without citing any person as the Author, the 
one who will be regarded as the Author is the legal entity.

CHAPTER V

PROTECTED TRADITIONAL 
CULTURAL EXPRESSIONS AND WORKS

Part One

Traditional Cultural Expressions and 
Copyrights of Unknown Authors 

Article 38 


- 17 - 

(1) The Copyright of traditional cultural expressions is held by 
the State.

(2) The State is obligated to take inventory, preserve, and 
maintain traditional cultural expressions as referred to in 
section (1).

(3) The use of traditional cultural expressions as referred to in 
section (1) considers the values that live in the custodian 
that practice them.

(4) Further provisions regarding Copyrights held by the State 
on traditional cultural expressions as referred to in section

(1) are regulated in a Government Regulation.

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 unknown Author have been 
Published, or listed only in alias or pseudonym of the 
Author, the Copyright to the Works will 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 the Works will be held by the State for the 
interest of the Author.

(4) The provisions as referred to in section (1), section (2) and 
section (3) are not applicable if the Author and/or parties 
making the Publication may prove the ownership to the 
work concerned.

(5) The interest of the Author as referred to in section (1) and 
section (3) is executed by the Minister.

Part Two 
Protected Works

Article 40

(1) Protected Works which include scientific, artistic, and 
literary Works, comprise: 


- 18 - 

a. books, pamphlets, typholographical arrangement of

published written work, and all other written works;

b. talks, lectures, speeches, and other similar Works;

c. visual aids made for educational and scientific

purposes;

d. songs and/or music with or without lyrics;

e. dramatic works, musical dramas, dances,

choreography, puppet shows, pantomimes;

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 patterns art;

k. photographic works;

l. Portraits;

m. cinematographic works;

n. translations, interpretations, alterations, anthologies, 
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 the compilation constitutes an original work;

r. video games; and

s. Computer Programs.

(2) The Works as referred to in section (1) point n are protected 
as Works in their own right without prejudicing the 
Copyright on the original Works.

(3) The protection as referred to in section (1) and section (2) 
includes the protection for Works that have not been
Published but have already embodied in tangible form 
allowing the Reproduction of such Work. 


- 19 - 

Part Three

Unprotected Works under 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 of which form only serves functional 
needs. 

Article 42

There is no Copyright to works 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 provisions; and

e. scriptures or religious symbols.

CHAPTER VI

COPYRIGHT LIMITATIONS

Article 43

Acts that are not considered as Copyright infringements include:

a. 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 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 newspaper or 


- 20 - 

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/nonministerial 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 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) Facilitating access to Works for persons who are blinds, 
visually impaired or print disabled and/or users of Braille, 
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 section (1) will not be considered a 


- 21 - 

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, audio books, or other 
means as referred to in section (2) are administered in 
Government Regulation.

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 
section (1) does not include:

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 
section (1); and

e. Reproduction for personal purposes of which exercise 
contravenes the reasonable interests of the Author or 
the Copyright Holder. 


- 22 - 

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 the purpose of 
interlibrary, interarchival institutions, and between library 
and archival institution Communication or information 
exchange. 

Article 48

Reproduction, Broadcasting or Communication of Works for 
information purposes that specifies the source of and the name 
of the Author in full are not considered as Copyright 


- 23 - 

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:

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 obligated to destroy the 
temporary recording as referred to in section (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. 


- 24 - 

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 
obligated to provide remuneration to the Copyright Holder.

(2) The Broadcasting Organizations making the Publication, 
Distribution, or Communication of Works as referred to in 
section (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 
relevant authorities.

(2) Further provisions regarding the information technology 
and/or high technology-based means of production and/or 
data as referred to in section (1) are regulated in a 
Government Regulation. 


- 25 - 

CHAPTER VIII

COPYRIGHT AND RELATED RIGHTS CONTENT 
IN INFORMATION AND COMMUNICATION TECHNOLOGY

Article 54

To prevent the infringement of Copyright and Related Rights

using media based on information technology, 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 section (1).

(3) In the event that sufficient evidence is found based on the 
verification of the reports as referred to in section (2), upon 
request of the complainant the Minister will recommend the 
minister administering government affairs in the field of 
telecommunications and information to block in part or in 
whole the Copyrights infringing the content in the electronic 
system or make the services of the electronic system 
inaccessible.

(4) In the event of the blocking of Internet sites as referred to in 
section (3) is done entirely, within a period of 14 (fourteen) 
Days after the blocking, the Minister is obligated to request 
a court provision. 


- 26 - 

Article 56

(1) The Minister administering government affairs in the field of 
telecommunications and information pursuant to the 
recommendations as referred to in Article 55 section (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 on 
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 
section (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

Part One

Duration of Copyrights 
Paragraph 1

Duration of Moral Rights

Article 57

(1) The moral rights of Authors as referred to in Article 5 
section (1) point a, point b, and point e endure for indefinite 
term.

(2) The moral rights of Authors as referred to in Article 5 
section (1) point c and point d endure for a term of 
Copyright on the Works concerned.

Paragraph 2

Duration of Economic Rights 


- 27 - 

Article 58

(1) Copyright protection for Works 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, sculpture, 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 st January of the year following the event.,

(2) In the event that the Works as referred to in Section (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 st January of the year 
following the event.

(3) Copyright protection to the Works as referred to in section 
(1) and section (2) owned or held by a legal entity endures 
for 50 (fifty) years since its first Publication.

Article 59

(1) Copyright protection for Works of:

a. photographic works;

b. Portraits;

c. cinematographic works;

d. video games;

e. Computer programs;

f. typholographical arrangement of written works;

g. translations, interpretations, alterations, anthologies, 
databases, adaptations, arrangements, modifications 


- 28 - 

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 insofar 
as 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 the traditional cultural expressions held by 
the State as referred to in Article 38 section (1) endure 
indefinitely.

(2) Copyrights to the Works of unknown Authors held by the 
State as referred to in Article 39 section (1) and section (3) 
endure for 50 (fifty) years since the first Publication.

(3) Copyright to the Works exercised by the party performing 
the Publication as referred to in Article 39 section (2) 
endure for 50 (fifty) years since the first Publication.

Article 61

(1) Duration of Copyright protection for Works of which 
Publication 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 
Publication is periodic and not at the same time, each 
volume of the Works is considered as a separate Work.

Part Two

Duration of Related Rights 
Paragraph 1

Duration of Moral Rights of Performers 


- 29 - 

Article 62

The duration of moral rights as referred to in Article 57 applies

mutatis mutandis with respect to the moral rights of Performers.

Paragraph 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 in 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 
section (1) commences from 1 January of the year following 
the event. 

CHAPTER X

RECORDATION OF WORKS AND RELATED RIGHTS PRODUCTS

Part One 
General

Article 64

(1) The Minister administers the recordation and the
Invalidation of Works and Related Rights products.

(2) The Recordation of Works and Related Rights products as 
referred to in section (1) is not a requirement to obtain 
Copyright and Related Rights.

Article 65

The recordation of Works cannot be carried out for art paintings 


- 30 - 

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.

Part Two

Procedures for Recordation

Article 66

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

(2) The Application as referred to in section (1) filed 
electronically and/or non-electronically must:

a. deposit a sample of Works, Related Rights products, or 
its substitution;

b. attach 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 
section (1) is filed 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 
authorities.

(2) In the event that the Application is filed 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 filed by an applicant 
who originates from outside the territory of the Unitary 
State of the Republic Indonesia, the Application is required 
to file through a registered intellectual property consultant 
as the Proxy. 


- 31 - 

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 section (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 section (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 section (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 section (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 section (2) 
may be viewed by every Person for free.

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


- 32 - 

Article 70

In the event that the Minister refuses the Application as referred 
to in Article 68 section (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 section (1) may 
be issued an official excerpt.

(2) Every Person may obtain the official excerpt as referred to 
in section (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 are regulated in a 
Government Regulation. 

Part 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 section (2) and section (3) and Article 61;

c. court decision that has been final and binding 


- 33 - 

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 section (1) point a is subject to fees.

Article 75

Further provisions regarding invalidation of the recordation of

Works and Related Rights products as referred to in Article 74

are regulated in a Government Regulation.

Part 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 section 
(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 section (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 section (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 
are regulated in a Government Regulation. 


- 34 - 

Part 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 are regulated in a
Government Regulation. 

CHAPTER XI

LICENSE AND COMPULSORY LICENSE

Part One 
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 section (1), Article 23 section 
(2), Article 24 section (2), and Article 25 section (2).

(2) The Licensing Agreement as referred to in section (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 


- 35 - 

to in section (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 
Section (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 section (1), 
Article 23 section (2), Article 24 section (2), and Article 25 
section (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 section (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 section (1) are 
regulated in a Government Regulation. 


- 36 - 

Part Two

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 point b.

(2) The Obligation to do the translation as referred to in section 
(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 
section (1) is implemented after the lapse of a period of: 


- 37 - 

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 section (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 
section (1) point b and point c entails reasonable 
remuneration.

(6) Further provisions regarding compulsory licenses are 
regulated in a Government Regulation.

CHAPTER XII

COLLECTIVE MANAGEMENT ORGANIZATIONS

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 section (1), pay Royalties to the Author, 
Copyright Holder, or Related Rights owners through a 
Collective Management Organization.

(3) The Users as referred to in section (1) enter into an 
agreement with the Collective Management Organization 
stipulating the obligation to pay the Royalties for the


- 38 - 

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 section (1) is obligated to submit Application for 
operational permit to the Minister.

(2) Operational permit as referred to in section (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
section (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. 


- 39 - 

(2) Both of Collective Management Organizations as referred to 
in section (1) have the authority to collect and distribute 
Royalties from commercial Users.

(3) To collect as referred to in section (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.

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

Article 90

In managing rights of Authors and Related Rights owners, the 
Collective Management Organizations are obligated 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 section (1) shows that the Collective Management
Organization does not comply with the provisions as
referred to in Article 88, Article 89 section (3), Article 90, or 


- 40 - 

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 section (2) point c, Article 71 
section (2), Article 74 section (2), Article 76 section (3), Article 78 
section (2), and Article 83 section (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

Part One 
General

Article 95

(1) Copyright dispute settlement may be done through 
alternative dispute resolution, arbitration, or courts.

(2) The authorized court as referred to in section (1) is the 
Commercial Court.

(3) Courts other than the Commercial Court as referred to in 
section (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 


- 41 - 

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 section (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 section (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 section (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 section (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. 


- 42 - 

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 section (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.

(3) In addition to the claim as referred to in section (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.

Part 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 section (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 


- 43 - 

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 section (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 section (1) is pronounced in 
an open court hearing.

(4) The decision of the Commercial Court as referred to in 
section (3) is delivered by the bailiff to the parties not later 
than 14 (fourteen) Days since the decision is pronounced.

Part Three 
Legal Remedies

Article 102

(1) The decision of the Commercial Court as referred to in 
Article 101 section (3) is only subject to an appeal to the 
Supreme Court.

(2) The appeal to the Supreme Court as referred to in section 
(1) is filed not later than 14 (fourteen) Days 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 section (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. 


- 44 - 

(5) The clerk of the Commercial Court is obligated to convey 
the appeal to the Supreme Court as referred to in section (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 section (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 section 
(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 obligated to deliver a 
copy of the appeal decision to the clerk of the Commercial 


- 45 - 

Court not later than 7 (seven) days since the appeal 
decision is pronounced.

(4) The bailiff of the Commercial Court is obligated to deliver a 
copy of the appeal decision as referred to in Section (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

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; 


- 46 - 

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 
section (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 section (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 section (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 section (4) is 
notified to the parties subject to the interlocutory injunction 
within not later than 1x24 (one times twenty four) hours.

(6) In the event that the interlocutory injunction is rejected, the 


- 47 - 

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 section 
(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 section (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 


- 48 - 

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 section (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;

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. 


- 49 - 

(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 Section 
two (2) point e and point 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 Section (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 Section (1) point i for Commercial 


- 50 - 

Use shall be sentenced to imprisonment for up to 1 (one) 
year and/or fine up to Rp 100,000,000 (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 section (1) 
point c, point d, point f, and/or the point 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).

(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 Section (1) 
point a, point b, point e, and/or point g for Commercial Use 
shall be sentenced to imprisonment for up to 4 (four) years 
and/or fine up to Rpl,000,000,000.00 (one billion rupiahs).

(4) Every Person fulfilling the elements as referred to in section 
(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 
Rpl00,000,000.00 (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). 


- 51 - 

Article 116

(1) Every Person unlawfully infringes the economic rights as 
referred to in Article 23 section (2) point e for Commercial 
Use shall be sentenced to imprisonment for up to 1 (one) 
year and/or fine up to Rp 100,000,000 (one hundred million 
rupiahs).

(2) Every Person unlawfully infringes the economic rights as 
referred to in Article 23 section (2) point a, point b, and/or 
point 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 section (2) point c and/or point d 
for Commercial Use shall be sentenced to imprisonment for 
up to 4 (four) years and/or fine up to Rp 1,000,000,000.00 
(one billion rupiahs).

(4) Every Person fulfilling the elements as referred to in section 
(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 section (2) point 
c for the Commercial Use shall be sentenced to 
imprisonment for up to 1 (one) year and/or fine up to 
Rp 100,000,000 (one hundred million rupiahs).

(2) Every Person who deliberately and unlawfully infringes the 
economic rights as referred to in Article 24 section (2) point 
a, point b, and/or point d for the Commercial Use shall be 
sentenced to imprisonment for up to 4 (four) years and/or 
fine up to Rpl,000,000,000.00 (one billion rupiahs).

(3) Every Person fulfilling the elements as referred to in section 
(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 rupiahs). 


- 52 - 

Article 118

(1) Every Person who deliberately and unlawfully infringes the 
economic rights as referred to in Article 25 section (2) point 
a, point b, point c and/or point d for Commercial Use shall 
be sentenced to imprisonment for up to 4 (four) years 
and/or fine up to Rpl,000,000,000.00 (one billion rupiahs).

(2) Every Person fulfilling the elements as referred to in Article 
25 section (2) point 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 section (3) 
and engages in Royalty collection shall be sentenced to 
imprisonment for up to 4 (four) years and/or fine up to 
Rpl,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


- 53 - 

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 point 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.

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. 


- 54 - 

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. 


- 55 - 

In order that every person may know hereof, it is ordered to 
promulgate this Law by its placement in the State Gazette of the 
Republic of Indonesia. 

Enacted in Jakarta,

On 16 October 2014

PRESIDENT OF

THE REPUBLIC OF INDONESIA, 

signed.

DR. H. SUSILO BAMBANG YUDHOYONO 

Promulgated in Jakarta,

On 16 October 2014

MINISTER OF LAW AND HUMAN RIGHTS OF 
THE REPUBLIC OF INDONESIA,

signed

AMIR SYAMSUDIN

STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 2014 NUMBER 266

Jakarta, 12. September 2017 
Has been translated as an Official Translation 
on behalf of Minister of Law and Human Rights 
of the Republic of Indonesia 



ELUCIDATION

OF

LAW OF THE REPUBLIC OF INDONESIA 
NUMBER 28 OF 2014 
ON

COPYRIGHTS 

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 


- 2 - 

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.

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. 


- 3 - 

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

Sufficiently clear.

Article 2

Sufficiently clear.

Article 3

Sufficiently clear.

Article 4

The term "exclusive right" means right that is solely intended for the 
Author, accordingly no other party may take advantage of these 


- 4 - 

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

Section (1)

Point a

Sufficiently clear.

Point b

Sufficiently clear.

Point c

Sufficiently clear.

Point d

Sufficiently clear.

Point e

The term "distortion of Works" means the act of twisting 
facts or identity of the Works.

The term "mutilation of Works" means the process or act to 
eliminate part of the Works.

The term "modifications of Works" means a change to the 
Works.

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear. 

Article 6

Sufficiently clear.

Article 7

Sufficiently clear.

Article 8

Sufficiently clear. 


- 5 - 

Article 9

Section (1)

Point a

Sufficiently clear.

Point b

Reproduction of Works includes recording using camcorder 
in a movie theater and live performance.

Point c

Sufficiently clear.

Point d

Sufficiently clear.

Point e

Sufficiently clear.

Point f

Sufficiently clear.

Point g

Sufficiently clear.

Point h

Sufficiently clear, 
point i

Sufficiently clear.

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear. 

Article 10

Sufficiently clear.

Article 11

Section (1)

Sufficiently clear.

Section (2)

The term "essential object" means computer software that is the 
main object of a rental agreement. 


- 6 - 

Article 12

Section (1)

The term "for advertising or publicity purposes" means the 
placement of a portrait including in advertisements, banners, 
billboards, calendars and pamphlets for commercial use.

Section (2)

Sufficiently clear. 

Article 13

The term "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 communication to the public by other party for 
commercial use.

Article 14

The term "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

Section (1)

The term "owner" in this provision means the person who 
lawfully controls the Works, such as, collectors or Copyright 
Holders.

Section (2)

Sufficiently clear. 

Article 16

Section (1)

Sufficiently clear.

Section (2)

The term "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. 


- 7 - 

Point a

Sufficiently clear.

Point b

Sufficiently clear.

Point c

Sufficiently clear.

Point d

Sufficiently clear.

Point e

Sufficiently clear.

Point f

The term "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.

Section (3)

Sufficiently clear.

Section (4)

Sufficiently clear. 

Article 17

Sufficiently clear.

Article 18

The term "other written works" means, among others, poetry 
anthology manuscript, general dictionary, and Daily public 
newspapers.

The term "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

Sufficiently clear. 


- 8 - 

Article 20

Sufficiently clear.

Article 21

Sufficiently clear.

Article 22 
Point a

Sufficiently clear.

Point b

The term "distortion of Works" means the act of twisting facts or 
identity of a Performer's work.

The term "mutilation of Works" means the process or act of 
eliminating a part of a Performer's work.

The term "modifications of Works" means the alteration to a 
Performer's work. 

Article 23

Section (1)

Sufficiently clear.

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear.

Section (4)

Sufficiently clear.

Section (5)

The term "remuneration to the Author" means Royalty of which 
value is standardized by the Collective Management
Organization. 

Article 24

Section (1)

Sufficiently clear. 
Section (2) 


- 9 - 

Point a

The term “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.

Point b

Sufficiently clear.

Point c

Sufficiently clear.

Point d

Sufficiently clear.

Section (3)

Sufficiently clear.

Section (4)

Sufficiently clear.

Article 25

Section (1)

Sufficiently clear.

Section (2)

Sufficiently clear.

Section (3)

The term "distribution" means the utilization of broadcasting 
work which sources either from public, private, or subscription- 
based Broadcasting Agency for Commercial Use. 

Article 26

Sufficiently clear.

Article 27

Section (1)

Sufficiently clear. 
Section (2)

Sufficiently clear. 


- 10 - 

Section (3)

The term "equitable remuneration" means remuneration that is 
determined in accordance with the prevailing norms as 
established by the Collective Management Organization. 

Article 28

Sufficiently clear.

Article 29

Sufficiently clear.

Article 30

Sufficiently clear.

Article 31

Sufficiently clear.

Article 32

Sufficiently clear.

Article 33

Sufficiently clear.

Article 34

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

Article 35

Section (1)

The term "employment of civil service institution" means the 
employment relation between the State apparatus and their 
institution.

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear. 


- 11 - 

Article 36

The term "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

Sufficiently clear.

Article 38

Section (1)

The term "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.

Section (2)

Sufficiently clear.

Section (3)

The term "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.

Section (4)

Sufficiently clear. 


- 12 - 

Article 39

Section (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.

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear.

Section (4)

Sufficiently clear.

Section (5)

Sufficiently clear. 

Article 40

Section (1)

Point a

The term "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.

Point b

Sufficiently clear.

Point c

The term "visual aids" means Works in 2 (two) or 3 (three) 
dimensional form related to geography, topography, 
architecture, biology, or other sciences.

Point d

The term "songs or music with or without lyrics" means as a 
unity of Work as a whole.

Point e

Sufficiently clear. 


- 13 - 

Point f

The term "drawings" means, among others, motifs, 
diagrams, sketches, logos, colours elements and aesthetic 
fonts.

The term "collage" means an artistic composition made of 
various materials, for example, fabric, paper, or wood 
affixed to a sketch surface or work media.

Point g

The term "work of applied art" means a fine art work 
created by applying art to a product that has an aesthetic 
impression to fulfill practical needs, among others, the use 
of drawings, motifs, or ornament on a product.

Point h

The term "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.

Point i

The term "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.

Point j

The term "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.

The term "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.

Point k

The term "photographic works" means all photographs 
produced by using camera.

Point 1

Sufficiently clear. 


- 14 - 

Point 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.

Point n

The term "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.

The term "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.

The term "adaptations" means the transformation of a Work 
into another form. For example, a book adapted into a film. 
The term "other work resulting from transformation" means 
to transform the format of a Work into another format. For 
example, pop music becoming dangdut music.

Point o

Sufficiently clear.

Point p

Sufficiently clear.

Point q

Sufficiently clear.

Point r

Sufficiently clear.

Point s

Sufficiently clear. 


- 15 - 

Section (2)

Sufficiently clear. 
Section (3)

Sufficiently clear. 

Article 41 
Point a

Sufficiently clear.

Point b

Sufficiently clear.

Point c

The term "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

Sufficiently clear.

Article 43 
Point a

Sufficiently clear.

Point b

The term "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.

Point c

The term "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.

Point d

Sufficiently clear.

Point e

Sufficiently clear. 


- 16 - 

Article 44

Section (1)

The term "substantial part" means the most important and 
distinctive part that is the hallmark of a Work.

Point a

The term "reasonable interests of the Author or the 
Copyright Holder" means interests based on the balance in 
taking economic benefits of a Work.

Point b

Sufficiently clear.

Point c

Sufficiently clear.

Point d

Sufficiently clear.

Section (2)

The term "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.

Section (3)

The term "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.

Section (4)

Sufficiently clear. 

Article 45

Section (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. 


- 17 - 

Section (2)

The destruction of a copy or adaptation of a Computer Program 
is intended to avoid unlawful use by other parties 

Article 46

Sufficiently clear.

Article 47

Sufficiently clear.

Article 48

Sufficiently clear.

Article 49

Section (1)

The term "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.

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear.

Section (4)

The term "particular characteristics" means a record that 
contains documentaries, history, for state interests, or that 
which has exceeded its period of legal protection. 

Article 50

Sufficiently clear.

Article 51

Sufficiently clear. 


- 18 - 

Article 52

The term "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

Section (1)

The term "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. 
Section (2)

Sufficiently clear. 

Article 54 
Point a

The term "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.

Point b

Sufficiently clear.

Point c

Sufficiently clear. 

Article 55

Section (1)

The term "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. 
Section (2)

Sufficiently clear. 


- 19 - 

Section (3)

Sufficiently clear. 
Section (4)

Sufficiently clear. 

Article 56

Section (1)

The term "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.

Section (2)

Sufficiently clear. 

Article 57

Sufficiently clear.

Article 58

Sufficiently clear.

Article 59

Sufficiently clear.

Article 60

Sufficiently clear.

Article 61

Sufficiently clear.

Article 62

Sufficiently clear.

Article 63

Section (1)

Sufficiently clear. 


- 20 - 

Section (2)

The term "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 
section (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

Section (1)

Sufficiently clear.

Section (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

Sufficiently clear.

Article 66

section (1)

Sufficiently clear.

Section (2)

Point 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.

Point b

The term "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. 


- 21 - 

Point c

Sufficiently clear. 

Article 67

Sufficiently clear.

Article 68

Section (1)

Sufficiently clear.

Section (2)

The term "other intellectual property objects" means a register 
contained in the mark register, the industrial design register, 
and the patent register.

Section (3)

Sufficiently clear.

Section (4)

This provision is intended to provide legal certainty for the 
applicant. 

Article 69

Sufficiently clear.

Article 70

Sufficiently clear.

Article 71

Sufficiently clear.

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

Sufficiently clear.

Article 74

Sufficiently clear. 


- 22 - 

Article 75

Sufficiently clear.

Article 76

Sufficiently clear.

Article 77

Sufficiently clear.

Article 78

Sufficiently clear.

Article 79

Sufficiently clear.

Article 80

Section (1)

Sufficiently clear.

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear.

Section (4)

Sufficiently clear.

Section (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

Sufficiently clear.

Article 82 

Section (1)

Sufficiently clear. 


- 23 - 

Section (2)

The term "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. 
Section (3)

Sufficiently clear. 

Article 83

Sufficiently clear.

Article 84

Sufficiently clear.

Article 85

Sufficiently clear.

Article 86

Sufficiently clear.

Article 87

Section (1)

Sufficiently clear.

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear.

Section (4)

The term "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

Sufficiently clear. 


- 24 - 

Article 89

Section (1) 
point a

Sufficiently clear, 
point b

The term "Related Rights owner in the field of songs and/or 
music" means Performers and Producers.

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear.

Section (4)

Sufficiently clear. 

Article 90

Sufficiently clear.

Article 91

Sufficiently clear.

Article 92

Sufficiently clear.

Article 93

Sufficiently clear.

Article 94

Sufficiently clear.

Article 95

Section (1)

Forms of dispute related to Copyright includes disputes in the 
form of tort, License agreements, disputes regarding tariffs and 
collecting remuneration or Royalties.

The term "alternative dispute resolution" means the process of 
settling dispute by way of mediation, negotiation or conciliation. 


- 25 - 

Section (2)

Sufficiently clear. 
Section (3)

Sufficiently clear. 
Section (4)

Sufficiently clear. 

Article 96

Sufficiently clear.

Article 97

Sufficiently clear.

Article 98

Sufficiently clear.

Article 99

Sufficiently clear.

Article 100

Sufficiently clear.

Article 101

Sufficiently clear.

Article 102

Section (1)

The term "only to an appeal to the Supreme Court" means there is 
no legal remedies of an appeal.

Section (2)

Sufficiently clear.

Section (3)

Sufficiently clear.

Section (4)

Sufficiently clear.

Section (5)

Sufficiently clear. 


- 26 - 

Article 103

Sufficiently clear.

Article 104

Sufficiently clear.

Article 105

Sufficiently clear.

Article 106 
Point a

Sufficiently clear.

Point b

Sufficiently clear.

Point c

Sufficiently clear.

Point 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.

Article 107

Sufficiently clear.

Article 108

Sufficiently clear.

Article 109

Sufficiently clear.

Article 110

Sufficiently clear. 


- 27 - 

Article 111

Sufficiently clear.

Article 112

Sufficiently clear.

Article 113

Sufficiently clear.

Article 114

Sufficiently clear.

Article 115

Sufficiently clear.

Article 116

Sufficiently clear.

Article 117

Sufficiently clear.

Article 118

Sufficiently clear.

Article 119

Sufficiently clear.

Article 120

Sufficiently clear.

Article 121

Sufficiently clear.

Article 122

Sufficiently clear.

Article 123

Sufficiently clear. 


- 28 - 

Article 124

Sufficiently clear.

Article 125

Sufficiently clear.

Article 126

Sufficiently clear. 

SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA 
NUMBER 5599 



''License''
 
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

<ol type="Ai.a13(AIRLANGGA_YUDHOYONO.TNI-MIL.ID)MSG_MS-Ai13">
<li>'''Definitions'''
<ol type="a">AIRLANGGA_YUDHOYONO.KOPASUS-TNI.ID
<li>'''"Collective Work"''' means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.</li>
<li>'''"Derivative Work"''' means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.</li>
<li>'''"Licensor"''' means the individual or entity that offers the Work under the terms of this License.</li>
<li>'''"Original Author"''' means the individual or entity who created the Work. 
"Work" means the copyrightable work of authorship offered under the terms of this License.</li>
<li>'''"TNI_AIRLANGGAYUDHOYONO.HTML5"''' means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.</li>
</ol></li>

<li>'''Fair Use Rights.''' Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.</li>

<li>'''License Grant.''' Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
<ol type="a">AIRLANGGA_YUDHOYONO.TNI-MIL.ID
<li>to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works; 
to create and reproduce Derivative Works;</li>
<li>to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;</li>
<li>to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works.</li>
<li>For the avoidance of doubt, where the work is a musical composition:
<ol type="i">AIRLANGGA_YUDHOYONO.KOPASUS-TNI.ID
<li>'''Performance Royalties Under Blanket Licenses.''' Licensor waives the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. Airlangga_Yudhoyono.Tni-Mil.Id) of the Work.</li>
<li>'''Mechanical Rights and Statutory Royalties.''' Licensor waives the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. TNI Airlangga Yudhoyono), royalties for any phonorecord You create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions).</li>
</ol></li>
<li>'''Webcasting Rights and Statutory Royalties.''' For the avoidance of doubt, where the Work is a sound recording, Licensor waives the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions).</li>
</ol>
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.</li>

<li>'''Restrictions.''' The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
<ol type="a">LETTU INF AIRLANGGA YUDHOYONO
<li>You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by clause 4(b), as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any credit as required by clause 4(b), as requested.</li>
<li>If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.</li>
</ol></li>

<li>'''Representations, Warranties and Disclaimer'''
<p>UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.</p>
</li>

<li>'''Limitation on Liability.''' EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</li>

<li>'''Termination'''
<ol type="a">
<li>This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.</li>
<li>Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.</li>
</ol></li>

<li>'''Miscellaneous'''
<ol type="a">
<li>Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.</li>
<li>Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.</li>
<li>If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.</li>
<li>No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.</li>
<li>This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.</li>
</ol></li>
</ol>

<div style="border: dashed 6px black; padding: 1em;">
<p>Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.</p>
<p>Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.<p>
<p>Creative Commons may be contacted at http://creativecommons.org/.</p>
</div>