LAW OF THE REPUBLIC OF INDONESIA

NUMBER 19 OF 2002
CONCERNING COPYRIGHT

Considering:

(a) that Indonesia is a country w ith diverse ethnic groups and cult ures, as well as
heritage of the arts and literature with their improvement s that require Co pyrights
protection to the intellectual properties that come out of this diversity.

(b) that Indonesia has become member of vario us international convent ions/
agreements on intellectual propert y rights in general, Co pyrights in particular, that
require further elaboration in its nat ional legal syst em;

(c) that developments in trade, indust ry and investment have been so fast that it is
necessary to increase protection to the aut hors and owners of the Related Right s
while observing the interests of the general public;

(d) that in the experience of enfo rcing the exist ing Co pyright Law, it is deemed
necessary to enact a new Copyright Law to replace Law Number 6 of 1982 concerning
Copyright as already subsequently amended under Law Number 7 of 1987, the latest
being under Law Number 12 of 1997;

(e) that based on the considerat ions as in items (a), (b), (c) and (d), it is
necessary to enact a Copyright Law .

In view of:
(1) Article 5 paragraph (1), Article 20, Art icle 28 C paragraph (1) and Article 33 of
1945 Constitution of the Republic of Indo nesia ;

(2) Law Number 7 of 1994 concerning Rat ificat io n of the Agreement Est ablishing the
World Trade Organization (State Gazette of 1994 Number 57, Stat e Gazette
Supplement Number 3564).

With the approval of The People's Representat ive Assembly of the Republic of
Indonesia decides to declare Copyright Law .

Chapter I – General Provisions

Article 1

For the purpose of this Law:

(1) Copyright shall mean an exclusive right of the Aut hor o r the assignee to
announce or duplicate the Work or to issue a permit thereof wit h due respect s of the
restrictions provided in the prevailing law s and regulat ions.

(2) Author shall mean a person or a number of persons jo intly who on inspirat io n
creates a Work, based on the ability of thinking, imaginat ion, adeptness, skills, or
proficiency, translated into an individually specific form.
(3) Work shall mean any creation of an Author which shows the o riginality in
science, the arts and literature.

(4) Copyright Holder shall mean the Autho r as the Copyright Ow ner, or the part y
receiving such right from the Autho r, o r the party who furt her receives the right from
such party who first receives such right.

(5) Announcement shall mean the reading out, broadcast, exhibit io n, sales,
circulation or dissemination of a Wo rk by any means, including the internet media, or
in any other manner that makes a Wo rk read, heard, or seen by other people.

(6) Duplication shall mean the addition of the number of a Wo rk in who le or a very
substantial part thereof using the same materials or otherwise, including permanent
or temporary transformation thereof.

(7) Portrait shall mean the face image of the person being depicted, toget her w ith
other parts of the body or otherw ise, created using any means or too ls.

(8) Computer Program shall mean a group of inst ruct ions translated int o a
language, codes, schemes, or other forms which if combined w ith other media shall
become legible by the computer o r will be able to make the computer works to
perform special functions or to produce special results, including the preparat ion fo r
the designing of such instructions.

(9) Related Right shall mean a right related to a Co pyright, that is, an exclusive
right for the Actor to duplicate or broadcast his sho w; or for an Audio -reco rding
Producer, to duplicate or rent out his recorded voice o r recorded sound, and fo r a
Broadcasting Body to make, duplicate and bro adcast its wo rks.

(10) Actor shall mean the actor, singer, musician, dancer o r the person who shows,
acts, performs, sings, recites, declaims or plays a work of music, drama, dance,
literature, folklore or other works of the art .

(11) Voice recording Producer shall mean the person or legal entit y who first
records and has the responsibility fo r reco rding of vo ice of so und o r a show or
recording of other voice or sound.

(12) Broadcasting Body shall mean a bro adcast ing organizat ion of a legal ent it y
status, doing the broadcasting of a bro adcast ing work using a transmissio n device
with wire or wireless, or through an electromagnet ic syst em.

(13) Application shall mean application fo r the regist ration of a Work submitt ed by
the applicant to the Director General.

(14) License shall mean the permit given by a Co pyright Holder or a Related Right
Holder to another party for the announcement and/or duplication of his wo rk o r
Related Right product under particular co nditions.

(15) Attorney shall mean consultant of Intellectual Propert y Right s as provided

hereto.

(16) Minister shall mean the Minist er that heads the minist ry whose tasks and
responsibilities include the supervision of Intellect ual Pro perty Rights including
Copyrights.
(17) Directorate General shall mean the Directo rat e General of Intellectual Pro perty
Rights under the ministry headed by the Minister.
Elu cid atio n: Indones ia is an a rch ipe lag ic count ry wh ich i s ve ry ric h in di ve rse a rts
a nd cultu res . This i s assoc iat ed with the d ive rse ethnic g roup s and rel igio ns that
a ltogeth er m ake up a nat iona l potent ia l that is wo rth p rotect ing. The se arts an d
cu ltural rich es are one sou rce of intel lectu al works th at ma y an d need to be
p rotecte d by la w. Th ese riches a re not me re ly for the art s and cultures thems el ves
but m ay als o be util ize d fo r p romoti on in trade and in dust ry that in vol ve the
Autho rs the reo f. Hence , these p rotecte d ri ches o f the art s and culture wi ll al so
cont ri bute to inc rea sin g the we lfare of not on ly the Autho rs but also the nation as
a who le.
Ind onesi a ha s been p art ici pant in the wo rl d comm unit y an d has be come me mbe r
o f the Agre ement Est abl ish ing the World Tra de O rg ani za tion th at als o incl udes
Ag reem ent on Trad e Rel ated Aspects o f Intel lectu al Pro pert y Ri ghts (herea fte r
refe rred to as the TRI Ps ) th rough La w Numbe r 7 o f 199 4. Bes ide s, Ind onesi a ha s
rati fi ed the Be rne Con ve ntion for the Prot ection of Art istic and Lite ra ry Works,
th rough Pre sid enti al Decree Num ber 18 of 1997 and the World Inte llect ua l
Pro pert y O rg ani za tion Co pyri ghts Tre aty, he re aft er referred to a s the WC T,
th rough Pre sid enti al Decree Num ber 19 of 1997 .
Ind onesi a no w ha s its La w Nu mbe r 6 of 19 82 conc ern ing Co pyri ght as a lrea dy
sub seque ntl y am ende d unde r Law Num ber 7 of 19 87 , the late st bein g unde r La w
Nu mbe r 12 o f 199 7, he rea fte r refe rred to as the Copyri ghts La w. Whil e these
a mend ments h ave incl uded adjust ments o f the art icl es that con fo rm with the
TRIPs, there a re still a numb er o f asp ects that requ ire pro per imp roveme nts to
ensu re p rotect ion of intel lectu al works in Copyri ght , inc ludi ng the effo rts to
p romote the intel lectu al works th at ha ve de vel oped fro m the di ve rse a rts a nd
cu ltures of the n ation a s desc ri bed a bove. In the con vent ions on Inte llect ua l
Pro pert y Ri ghts as referre d to abo ve, there are a numb er o f pro vi sion s that shou ld
be p rop erly utili zed . Bes ides , we shou ld upho ld an d dist ingu ish the pos ition of
Co pyri ght on the one han d and the Relat ed Rig ht on the other h and , in order to
mo re cle arly gi ve p rotect ion to intel lectu al wo rks .
In respect of the fo rego ing , it is de emed necess ary to re pl ace the p resent
Co pyri ght La w with a new la w. Th is is es peci al ly true a s the arts and cultu ra l
riche s, a nd the de velo pment of inte llect ua l ab ilit y o f the peop le of In dones ia
requ ire adeq uate lega l p rotectio n in order to ens ure healt hy co mpetit ion in the
in dust ry, requi re d in the im ple mentat ion o f the natio na l develo pment .
Co pyri ght consi sts of econ omic rig ht and moral right . Econom ic right is the rig ht
to get econo mic be nefit of a Work an d the product o f Rel ated Ri ght. Mo ra l ri ght is
the right a dhe rin g to the subject o f the Author or the Actor wh ich ca nnot be
remo ved o r nul lifie d for an y re asons wh atsoe ve r, desp ite the transfer of the
Co pyri ght or the Re late d Right .
Co pyri ght protectio n is not pro vi ded for the ide as or i niti ati ves as a c reat ed work
sh al l have a un ique form, is indi vi du al a nd dis pl ay ori gin al ity as a C reat ion th at is
c reat ed on the ab il ity, creat ivity, o r compete ncy so that the Wo rk become s vi sib le,
le gib le or aud ible .
This la w cont ains a numb er o f new pro vi sion s, in clud ing :
(1) dat ab ase th at is a p rotecte d wo rk ;
(2) use of any equi pment wit h or without wi re s, in clud ing i nternet med ia , fo r
p la yb ack of optic al disc p rodu cts thro ugh au dio , au dio vis ua l medi a an d/or
tel ecomm unic atio n fa ci liti es;
(3) settle ment of d isput es by the Comme rc ia l Court, a rb itrati on, o r alt ern ati ve o f
d ispute settleme nt;
(4) inte rim decis ion of the court to p revent fu rthe r d ama ges to the cop yright
hol der;
(5) stipu lat ed time lim its in the p roces s of ci vi l cas e on Copyri ghts a nd Rel ate d
Ri ghts in the Co mme rci al Court a s we ll as in the Sup re me Court;
(6) insc ri ption o f the ri ght of e lectronic man agem ent in format ion an d
techn olog ica l cont rol fac ilit y;
(7) insc ri ption o f the mech ani sm of cont ro l and p rotect ion of the pro ducts that
use h igh techno log y p roduct ion faci lit ies ;
(8) pena lty of viol ati on of Re late d Rights ;
(9) min imum imp ris onment and fine ;
 (10 ) pen alt y to the dup lic ati on of com pute r pro grams for comme rc ia l purposes i n
a n ill ega l ma nner and aga inst the l aw.

Chapter II - Scope of Copyright

PART ONE - FUNCTIONS AND NATURES OF

COPYRIGHT
Article 2

(1) Copyright shall be an exclusive right of the Autho r or the Co pyright Ho lder to
announce or duplicate his Work, that arises automat ically aft er a wo rk is made,
notwithstanding the limitations under the prevailing laws and regulations.
Elu cid atio n: Exc lusi ve right here me ans the rig ht that is e xcl usi ve ly i ntende d to
the hol der there of a nd the re are acc ording ly no other p art ies th at ma y uti li ze the
right wit hout the permi ssion of the hold er the reo f. “To a nnounc e and dupl icat e” is
de fi ned as inclu din g the acti vi ties of transl ati ng, ad apti ng, arra ngi ng,
trans fo rm ing, sell ing , rent ing out , len ding , im port ing , e xhib itin g, e xpo sing to the
pu bli c, b roa dc astin g, recordi ng, and com muni cat ing the Works to the publ ic b y
a ny me ans .

(2) The Author and/or Copyright Ho lder of a wo rk of cinemat ography and Computer
Program shall have the right to permit or otherw ise prohibit other people to wit hout
his consent rent out his Work for co mmercial purpo ses.

Article 3

(1) A Copyright shall be treated as a mo vable propert y.

(2) A Copyright may be transferred the whole or a part thereof through:

Elu cid atio n: Tran sfe r of a Cop yright may not be effecte d oral ly, but sh al l be in
wri tin g wi th or wit hout a not ary dee d.
(a) Inheritance;
(b) Grant;
(c) Will;
(d) Written agreement; or
(e) Other means acceptable under the law s and regulat ions.
Elu cid atio n: Other mea ns acce pta ble un der the la ws a nd regul atio ns ma y in clud e
trans fe r fo llo wi ng a cou rt dec isio n that ha s becom e leg all y pe rm anent .

Article 4

(1) The Copyright owned by the Aut hor, shall after the deat h of the Autho r be
owned by his heir or the receiver of the will, and such Copyright shall not be
confiscated except such a right has been obt ained in a manner against the law .
Elu cid atio n: As it is adh ere nt to the Author a nd is int ang ib le, a Cop yright i s in
p rin cip le not confisc ab le, exce pt fo r a Cop yrig ht obta ined in the man ner aga inst
the l aw.

(2) A Copyright which has not been announced when the Autho r dies shall become
the property of the Author’s heir or the receiver of the w ill, and such Co pyright shall
not be confiscated except such a right has been obt ained in a manner against the
law.
 PART TWO – THE AUTHOR
Article 5

(1) Except otherwise proven, the Aut hor shall be:

(a) the person whose name is recorded in the General registry of Wo rks with the
D irectorate general; or

(b) the person mentioned in the Wo rk or announced as the Author in a work.

(2) Except otherwise proven, a lect ure which does not use a w ritt en material or that
which does not announce who the author is, shall be deemed the work of the Autho r
of the lecture.
Elu cid atio n: A Co pyri ght is in pri nci ple obt ain ed b y mea ns other than regist ra tion ,
but i n the case o f a di spute in court bet we en re giste re d and un reg iste red Works
a s speci fi ed in p arag ra ph (1) item (a ) a nd ite m (b ), an d if the interested p arties
a re a ble to p rove the truth , the judg e ma y dec ide whi ch is the rea l Author base d
on the p roof.

Article 6

If a Work consists of a number of individual parts creat ed by two o r more persons,

the Author of the Work shall be the person who leads and supervises the complet ion
of the Work or, in the absence of such a perso n, the perso n who compiles the works,
without prejudice to the Copyrights of the respective persons to the parts of the
Work.
Elu cid atio n: Indi vi dua l pa rts he re me ans , fo r e xam ple , a work of seria l fi lm , in
whi ch the content o f a seria l ma y be sepa ra ted from the other, an d the same
a ppl ies to boo ks wh ere the content of each p art may be sep arate d from the othe r
p art .

Article 7

If a Work designed by a person is realized o r wo rked out by another person under the
control and supervision of the person who does the design, the Autho r shall be the
person who designs the Work.
Elu cid atio n: Des ign he re me ans an initi ati ve in the fo rm or a drawin g or word or a
com bin atio n of both , to be fo rme d as the o wne r des ire s. Hence , a des igne r is
c all ed an Autho r, if the desig n is de velo ped i n deta il in acco rd ance with the desig n
he o r she has det ermine d inste ad o f a me re in itia tive or i dea . Unde r the
sup ervi sion a nd cont rol me ans it is done und er gu id ance , di rect ions , or
co rrection s by the pe rso n own ing the de sign .

Article 8

(1) If a Work is made under an employment relationship w ith anot her party w ithin
the same employment, the Copyright Ho lder shall be the part y for whom the Work is
made under the employment, except there has been another agreement between the
parties notwithstanding to the right of the autho r if the Work is used beyo nd the
employment relationship. Employment relat ionship is the relat ionship between a
government employee and his or her agency.

(2) The provision as specified in paragraph (1) shall also apply to the Work made by
another party based on an order under business relat ionship.
 Elu cid atio n: Th is pro vi sion is mea nt to confirm that a Co pyri ght ma de on the order
o f a Go vernment agenc y sh al l be hel d by the G ove rn ment ag ency that p lace s the
o rde r as the p rin cip al , e xcept othe rwis e ag ree d.

(3) If a Work is made under an employment relationship o r based on an o rder, the

party who made the Work shall be the Aut hor and the Co pyright Ho lder, except
otherwise agreed by both parties. Employment relationship o r on o rder here means
the Work made on the basis of emplo yment relat io nship in a private o rganization or
on an order placed by another part y.

Article 9

If a legal entity announces that a Wo rk is from it self w ithout ment ioning any person
as the Author thereof, the legal ent ity shall be deemed the Author, except otherwise
proven.

PART THREE – COPYRIGHT OF A WORK OF

AN UNKNOWN AUTHOR
Article 10

(1) The State shall be the Copyright Ho lder of a pre-histo ric, histo ric work and
other national cultural heritage.

(2) The State shall be the Copyright Ho lder of the fo lklo re, or fo lk’s cult ural
products that are jointly owned such as tales, stories, fairy tales, legends, history,
songs, handicraft, choreographies, dances, calligraphy, and other artist ic the works.
Elu cid atio n: In the bid to p rotect fo lk lores an d other fol k’s cultu ra l p roduct s, the
Go ve rnm ent ma y p revent an y mon opol ies o r comme rc ia liz ati on or a cts that
dest ro y or comme rci al ly bene fit the refro m wi thout the pe rm it of the Re publ ic of
Ind onesi a as the Copyri ght Ho lde r. Th is p rovisio n is me ant to pre vent the acts of
fore ign p art ies th at ma y dest ro y the va lu e of cult ural val ue of such Wo rks .
Fo lk lore sha ll me an a col lect ion of t ra ditio na l wo rk s, m ade b y g roups of
in di vi dua ls of the commun ity, that disp la y the soc ia l and cultural ident ity thereo f
b ased on the st and ards an d va lue s spoke n or fo llo we d thro ugh gene ra tion s:
(a) fol k tale s, folk poetry;
(b) fo lk song s and t ra ditio na l inst rume nt music ;
(c) fo lk d ances , trad ition al g ames ;
(d) wo rk of a rts in clud ing p aint ings , d ra wi ngs , ca rvin gs, scu lptu res , mos aic s,
a ccesso ri es, h and icraft, c lothes , musi ca l inst rume nts, a nd trad ition al we aves.

(3) The announcement or duplicat io n of the Works specified in paragraph (2) by a

person who is not an Indonesian Cit izen shall require prior permit of the agency in
charge of the matter.

(4) Further provisions on the Co pyright held by the State as specified in this art icle
shall be determined in a Government Regulat io n.

Article 11

(1) If the Author of a Work is unknow n and such a Work has not been published,
the State shall hold the Copyright of the Wo rk in the interest of the Author.
Elu cid atio n: Th is pro vi sion is mea nt to confirm the Copyri ght st atus in respe ct of a
c reat ion whose Autho r is not k nown an d wh ich is not o r has not be en pub lish ed,
a s the Wo rk shou ld h ave been p roduc ed. For examp le, a writt en wo rk or a mu sic al
 com posit ion whic h has not bee n pub lishe d or recorded . In such a case the
Co pyri ght sha ll be held b y the State to p rotect the Work fo r the inte rest s of the
Autho r, wh ile if the work is a writte n wo rk that has been pub lis hed , the Cop yright
o f the wo rk shal l be hel d by the Pub lis her.

(2) If a Work has been published but the Autho r thereof is unknow n or the Work
only indicates the pseudonym of the Author, the publisher shall hold the Co pyright of
the Work in the interests of the Aut hor.
Elu cid atio n: The pu bl ishe r sha ll be reg arded the Co pyri ght Ho lde r of the Work
a lrea dy pu bl ished using the ps eudon ym of the Autho r. Acco rd ing ly, a Work
pu bli shed but the Author the reo f is un known or a Wo rk on ly i nscribe d wi th the
pse udon ym o f the Author, the pu bli sher wh ose na me ap pea rs i n the Wo rk a nd who
c an to pro ve th at he is the fi rst that pub lish ed the Wo rk sha ll be rega rd ed the
Co pyri ght Ho lde r. Thi s does not ap pl y i f the Author late r stat es his o r her i dentit y
a nd is a ble to p rove that the Work is his or hers.

(3) If a Work has been published but the Autho r thereof and/o r the publisher
thereof is unknown, the State shall hold the Copyright of the Wo rk in the interests of
the Author.
Elu cid atio n: The pu bl ishe r re ga rde d as the Cop yrig ht Hol der of a Work that h as
bee n pub lishe d but the Autho r of whi ch is unk nown, or the Wo rk is onl y insc ri bed
with the pseudon ym of the Autho r, the publ ishe r that first pub lis hes the Wo rk
sh al l be reg arde d rep res entin g the Author. This doe s not app ly if the Author l ate r
st ates his o r her ident ity a nd is a ble to p rove that the Work is hi s or he rs.

PART FOUR – PROTECTED WORKS

Article 12

(1) In this Law, the Works protected shall be the Wo rks of science, the art s, and
literature, comprising:
(a) books, Computer Programs, pamphlet s, layout s, of w ritten works
published and any other types of w ritten works;
Elu cid atio n: Layout of wri tten work sh all be a work kno wn a s typ holog ra ph ica l
a rran geme nt, th at is, the art istic aspe ct in the arra ng ement a nd fo rm of a wri tten
work. Th is inc ludes , fo rm at , il lustrat ion, colors and configurat ion or l ayout of
a rti stic lett ers wh ich com bine to d ispl ay a spe cific form.
(b) free lectures, preaches, lectures, speeches, and other such Wo rks;
Elu cid atio n: Other Wo rks shal l mea n the Wo rks that ha ve not bee n mentio ned but
m ay be reg arded simi la r to spee ches , lectu res , an d add res ses.
(c) visual aids for education and sciences;
Elu cid atio n: Visua l a id me ans t wo-di mens iona l or th ree -d imen sion al Work re late d
to geog ra ph y, topograp hy, a rch itectu re, biolo gy or othe r scien ces.
(d) songs or musical arrangements w ith or wit hout text s;
Elu cid atio n: Song or mu sic in this la w mean s a comp lete work though it ma y be
m ade up of the ele ments of song or me lod y, lyri cs, and the a rran geme nts,
in clud ing the not ation thereo f.
(e) dramas or musical dramas, dances, cho reo graphy, wayang show s, and
pantomimes;
(f) fine arts in all forms as paint ings, draw ings, carvings, calligraphic art s,
sculptures, statues, collages, and applied arts;
Elu cid atio n: Drawin g, incl udes mot ives, dia grams , sket ches , logos , an d fo rms o f
a rti stic lett ers , an d such d ra wi ng is not made for an in dustria l pu rpos e.
Co ll age is a n artist ic compo siti on ma de of m ateria ls (such as cloth , pa per, wood )
stuc k to the surfa ce of a drawing .
Ap pli ed a rt in the fo rm of han dic ra ft , which is ma de not fo r ma ss pro duct ion sha ll
be reg arded a s a Wo rk .
(g) architecture;
 Elu cid atio n: Arch itectu re he re inc ludes buil din g drawin g, m ini atu re d ra wi ng, and
bu ild ing mo ckup .
(h) maps;
Elu cid atio n: Ma p he re mea ns a des cripti on of n atural and /o r man -ma de elem ents
a bove or ben eath the eart h surfa ce, drawn on a flat are a in a cert ain scal e.
(i) batik arts;
Elu cid atio n: Bati k ma de con vent iona ll y sh all under this l aw be protected as an
in di vi dua l Wo rk . Such a wo rk is prot ected a s it has a rt istic va lues , in te rms o f
mot ive or d ra wi ng Work as wel l as its color compos ition s. Oth er t ra ditio na l wo rk s
rega rd ed si mil ar to bati k are the works of In dones ia peo ple found in va ri ous
regio ns, suc h as the song ket, ik at and other such wo rks that a re p resent ly being
a ctivel y p romote d.
(j) photography;
(k) cinematography;
Elu cid atio n: Cine matog ra ph ic products wh ich a re mo vin g im age m ass
com muni cat ion med ia inclu de docu menta ry film s, a dvert isi ng fi lms , reports or
featu re fil ms p roduce d wi th scen ario , and cartoon film s. C inem atog ra phic wo rks
m ay be ma de on cell ulo id, vi deo tap es, vi deo dis cs, opt ica l di scs an d/or othe r
me di a that en abl e the wo rk to be sho wn in a cin ema , on a wid e sc reen or
b roa dca st on tele vis ion or other me di a. The s ame works a re p rodu ced b y fi lm
p rodu cing compa nies , tele vi sion statio ns or in di vi dua ls.
(l) translations, interpret ations, adaptat ions, antho lo gy, dat abase, and other
works of transformation.
Elu cid atio n: Antholog y me ans a Work in the form of a book cont ain ing col lect ion of
se lected written wo rks , col lect ion of se lected songs re corded in a sing le ca ssette ,
opt ica l dis cs, o r other medi a, and a compos ition of various selecte d dan ces.
Dat ab ase me ans a co mpos ition o f dat a in an y form that is l egi ble b y me ans of a
m achi ne (c omput er) or any other means , whic h on the bas is of the se lecti on or
a rran geme nt of the content is reg arded as an i ntel lectu al c reat ion. The protect ion
o f dat ab ase is p rovid ed without preju dic e to the right s of the othe r Author wh ose
work ha s been inc lud ed in the d ata bas e. Tra ns forma tion me ans a ny chang es in the
form, such as the cha nge of a statue into a p aint ing , a no vel into a dram a, dram a
into a ra dio opera, and no ve l into film .

(2) The Work specified in item (l) shall be protected as an exclusive Work
notwithstanding the Copyright of the o riginal Work.

(3) The protection specified in paragraph (1) and paragraph (2) shall include all
Works that are have not been announced, but have become a real unity that enables
the duplication of such works.
Elu cid atio n: A Work that h as not been a nnounc ed inc lude sketch , man uscript , bl ue
p rint and , other simi la r p rodu ct reg arded as a Work that ha s fo rme d a comp lete
un it.

Article 13

There shall be no Copyright on:

(a) the proceedings of open sessions of the State’s institutions;

(b) laws and regulations;

(c) State speech or speech of a Government official;

(d) Court verdict or decision of the judge; or

(e) award of the board of arbitrat ion o r the decisio n of other such bo dies.
 Elu cid atio n: The de cis ion of othe r such bodie s incl udes the de cis ions of a dis pute,
in clud ing the de cis ions of the Indust ri al Dis pute Settle ment Co mmitte e, a nd the
Marit ime Co urt .

PART FIVE – LIMITATIONS OF COPYRIGHTS

Article 14

Infringement of Copyrights shall not apply to any of the follo wing:

(a) Announcement and/or Duplicat io n of the State’s coat of arms and national
anthem of the original form;

(b) Announcement and/or Duplicat io n of anything anno unced and/o r duplicat ed by

and on behalf of the Government, except if the Co pyright is declared prot ect ed,
under the laws and regulations or a stat ement on the Work itself, or when the Work
is announced and/or duplicated; or An Announcement or Duplication in the name of
the Government is such Announcement and Duplicat io n of research repo rts conducted
on the State’s budget.

(c) Quoting of actual news, the whole or a part thereof from a new s agency, a
Broadcasting Institution, and the newspaper or other so urces, as long as the sources
are mentioned completely. Actual news is the new s anno unced w ithin 1x24 hours
from the first announcement.

Article 15

As long as the sources are mentioned o r quoted, the follo wing acts shall not be an
infringement of Copyright:

(a) use of the Work of another part y for educat ion, research, thesis writ ing, report
preparation, writing of critics or review s of an issue w ithout adversely affecting
proper interests of the Author;
Elu cid atio n: Th is defin ition is requ ired as it is di fficu lt to quant itat ivel y dete rm ine
the in frin gement of a Cop yrig ht. It wil l be mo re a ccurate i f the in fring ement o f a
Co pyri ght is b ased on a qua lit ati ve me asu re. For examp le, the ext ra ction o f the
most substa nti al an d spec ific p art th at ma kes the ch aracte rist ics o f a Wo rk ,
thoug h this use is less tha n 10%. Such use is subst ant ia lly an in frin gement of
Co pyri ght. The use of a Work is not re ga rde d an in fring ement o f a Cop yrig ht if the
sou rce is mention ed or is cle arly mention ed an d this is rest ricte d to non-
com merci al , inc ludi ng soci al acti vit ies . For exam ple , the act ivities in educ ation
a nd scie nce, rese arch an d develo pment , as lo ng as suc h acti vi ties do not
a dvers el y affe ct the pro per inte rests o f the Author. Inc lude d in this reg ard is the
use o f Wo rk for a show or pe rforman ce wh ich does not cha rge payment . In re spect
o f the use of wri tten work, the source of the Work sha ll be co mplet el y ment ioned .
This means , ment ioni ng at le ast the n ame of the Author, the titl e or na me of the
Work, a nd the na me of the publ ishe r, if a ny.
Pro per interests of the Author o r the Cop yright Hold er me an the int ere sts ba sed
on the b al ance in enjoying the econo mic be nefits of a wo rk .

(b) quoting the Work of another part y, the who le o r a part thereof, fo r a defense of
a case in or outside the court;

(c) quoting the Work of another party, the whole or a part thereo f, for:
(i) a lecture given exclusively for educat ion and sciences; or
(ii) a show or staging of a play arranged wit hout co llecting payment , witho ut
adversely affecting proper interest s of the Autho r.
(d) duplication of a Work of science, the art, and literature in Braille fo r use by the
blind, except such duplication is fo r commercial purposes;

(e) duplication of a Work other than a Computer Pro gram, in a limited manner by
any means or process for a public library, a science and educat io n institution, and a
non-commercial documentation cent er fo r the user’s exclusive activities;

(f) change on consideration of technical execution of an archit ect ural work, such as
a building Work;

(g) back-up copying of a Computer Pro gram by the owner of the Computer Program,
exclusively for own use.
Elu cid atio n: The o wne r (not the Cop yright Hol der) o f a Com puter Prog ra m ma y
m ake a copy of the com puter Program he or she o wns a s a ba cku p for his or her
e xcl usi ve use . Such cop yi ng fo r a b ack up as speci fi ed ab ove shal l not be re ga rde d
a s an in fring ement o f Cop yright .

Article 16

(1) Fo r the purposes of educatio n, sciences, and research and develo pment, the
Minister may, after learning the considerations of the Board of Copyright , decide on a
Work of science and literature, as follow s:

(a) require the Copyright Holder to do the t ranslation and/or duplication of the
Work covering the territory of the Republic of Indonesia in a specified t ime;

(b) require the concerned Copyright Ho lder to allo w another part y to do the
translat ion and/or duplication of the Wo rk covering the territo ry of the Republic of
Indonesia in a specified time, if the Co pyright Holder fails to fulfill the obligat io ns as
provided in item (a);

(c) appoint another party to do the translation and/o r duplicat io n of the Work
covering the territory of the Republic of Indo nesia, if the Co pyright Holder fails to
fulfill the obligations as provided in item (b).

(2) The obligation to do the translat io n as specified in paragraph (1), shall be

fulfilled after a period of three (3) years as from the publicit y of the Work of science
and literature as long as the Work has not been translat ed into Indonesian language.

(3) The obligation to duplicate as specified in paragraph (1), shall be fulfilled after
the following period:
(a) three (3) years after the publishing of a book on mathematics and
natural sciences and such boo k has not been duplicat ed in the territory of the
Republic of Indonesia;
(b) five (5) years after the publishing of a book on social sciences and such
book has not been duplicated in the territo ry of the Republic of Indonesia;
(c) seven (7) years after the publishing of a boo k on the art s and literat ure
and such book has not been duplicated in the territo ry of the Republic of
Indonesia.

(4) The translation and Duplication as specified in paragraph (1) shall only be for
use in the territory of the Republic of Indonesia, and shall not be fo r export to any
other countries.

(5) The compliance with the provisio n set fo rth in paragraph (1) item (b) and item
(f) shall be with a compensation in an amount determined in a President ial Decree.
(6) The procedure of the Application fo r the translation and/o r duplicat io n of the
Works as specified in paragraph (1), paragraph (2), paragraph (3), and paragraph
(4) shall be further determined in a President ial Decree.

Article 17

The Government prohibits the Announcement of a Work that is against the

Government’s policies in religion, defense and securit y, mo rality, and public order
after learning the considerations of the Bo ard of Co pyright.
Elu cid atio n: Th is pro vi sion is desi gned to p revent the ci rcu lat ion of a Wo rk th at if
a nnounce d wi ll re duce the reli gious va lues or cre ate ethn ic or rac ia l issu es, may
d isturb or c rea te a threat to the Stat e’s defense a nd secu rit y, be ag ai nst the
mo ra lit y obse rved by the soc iety, a nd pub lic orde r. Th is inc ludes books o r lite ra ry
works o r photog ra phic wo rks .

Article 18

(1) The announcement of a Work by the Government fo r the nat ional interest s,
through the radio, television, and/or other facilit ies may be done wit hout request ing
the permit of the Copyright Holder as long as this does not adversely affect the
proper interests of the Author and the Author shall be paid a reasonable
compensation therefor. This provisio n requires that the Anno uncement of a wo rk
through radio, television broadcast s o r other facilit ies organized by the Go vernment
should give priority to the real interests of the public that are actually required by
the general public.

(2) The Broadcasting Institution that announces the Work as specified in paragraph
(1) shall have the authority to preserve the Wo rk exclusively fo r the Broadcasting
Institution itself, but the Broadcast ing Instit ution shall fo r any subsequent
announcement thereof pay a reaso nable compensat ion to the Autho r.

PART SIX – COPYRIGHT OF PORTRAITS

Article 19

(1) The Copyright Holder of a Po rt rait of a person shall befo re duplicating or

announcing the Work, obtain the permission fro m the person in the port rait o r his or
her heir in a period of ten (10) years as fro m the death of the person in the po rt rait .
Elu cid atio n: The pe rso n port ra ye d wi ll not al wa ys ag ree i f his or he r port ra it is
a nnounce d wi thout h is or he r consent . Therefo re , a conse nt is re qui red of the
conc ern ed pe rson o r his or her hei r.

(2) If a Portrait contains the image of two (2) or more persons, the Copyright
Holder shall, if the Announcement and Duplicat io n of the port rait also co ntains the
other persons in the portrait, first o btain the permission from each of the persons in
the Portrait, or permits from their heirs respectively in a perio d of ten (10) years as
from the death of the person in the portrait.

(3) The provision of this article shall only apply to the po rtrait made:
(a) at the request of the person in the po rtrait;
(b) at the request of the person acting in the name of the perso n in the
portrait;
(c) in the interest of the person in the port rait .

Article 20
The Copyright Holder of a Portrait shall not anno unce a portrait made:

(a) without an approval of the person in the port rait ;

(b) without an approval of the other person acting in the name of the person in the
portrait; or

(c) if it is not in the interests of the perso n in the portrait;

Elu cid atio n: if the Anno uncem ent is ag ai nst the prope r inte rests o f the person in
the po rtrai t, o r of one of his or he r hei rs , if the person in the po rtrait is dea d.
Tak ing a photo m ay captu re the i mag e of a pe rson wi thout the pe rson ’s
kno wl ed ge, in the posit ion that adversel y a ffects the conc ern ed pe rson .

Article 21

It shall not be an infringement of Co pyright, if a portrait taken for an anno uncement

of a Model or more, in a public show though a commercial show, except otherwise
stated by the interested party. For example, a singer performing a show may object
to his or her photo taken for announcement.

Article 22

For the sake of public security and for a criminal case process, the Po rt rait of a
person may in any means whatso ever, be duplicated and anno unced by the relevant
agency.

Article 23
Except otherwise agreed between the Copyright Ho lder and the owner of Photo graphic
Work, painting, drawing, architecture, sculpture and/o r other wo rks of the arts, the
owner may without the consent of the Copyright Ho lder show the Work in an
exhibition for the public or duplicat e thereof in a catalo g notw ithst anding the
provisions of Article 19 and Article 20 if such an art ist work takes the form of a
Portrait.

PART SEVEN – MORAL RIGHTS

Article 24

(1) The Author or his or her heir shall have the right to claim the Copyright Holder
to mention the Author in his or her Work.

(2) A Work shall not be changed though the Copyright thereo f has been assigned to
another party, except with the consent of the Aut hor o r his or her heir if the Autho r
is dead. With the moral rights, the Autho r of a work shall have the right s of:
(a) his or her name or pseudonym be inscribed in his or her Work o r the
copy thereof in respect of public use;
(b) preventing any forms of disto rtion, mut ilat io n or any other forms o r
changes including swindling, cro pping, destruction, replacement in respect of
a work that will eventually damage the appreciation and reputat io n of the
Author.
Elu cid atio n: Besi des, not of the abo ve rig hts ma y be t rans fe rred , during the life of
the Autho r, exc ept on a wil l an d testim ony of the Autho r bas ed on the p revai lin g
l aws an d reg ul ations .
(3) The provision specified in paragraph (2) shall also apply to a change in the t itle
or subtitle of a Work, the mentioning and clause of the name or the pseudonym of
the Author.

Article 25

(1) Electronic information of the management info rmation of the Autho r’s right shall
not be deleted or changed.

(2) Further provision of paragraph (1) shall be determined in a Go vernment

Regulation.
Elu cid atio n: Ma na gement info rm ati on of the Autho r’s right i s the informat ion that
is electronic al ly bui lt in a work that appe ars in the Annou nceme nt that des cribes a
Work, the Autho r, and the rig hts or in fo rm ation of re qui rem ents fo r use ,
in fo rm ation numbe r an d code . No one is a llo we d to dist rib ute, impo rt, circul ate,
com muni cate to the pu bli c an y wo rk s of sho ws , voice reco rdi ng or b ro adc ast in
whi ch it is kno wn that the m ana gement info rm atio n of the Autho r’s right h as been
de leted , dest ro yed , or ch ange s wi thout the cons ent of the hol der of the right .

Article 26

(1) The Copyright of a Work shall remain the pro perty of the Aut hor as long as the
Author has not assigned the whole Co pyright to the buyer thereof.
Elu cid atio n: The pu rch ase of a Work does not me an that the Co pyri ght stat us is
trans fe rred to the buyer. The Cop yrig ht of a Work sha ll rem ain the p rop ert y of the
Autho r. For examp le, the purchas e of a boo k, cassett e and p aint ing .

(2) A Copyright sold as a whole o r in part shall not be so ld the second t ime by the
same seller.

(3) In the case of a dispute amo ng a number of buyers of the same Co pyright of a
Work, the protection shall be given to the buyer who first obt ains such Co pyright.

PART EIGHT – FACILITIES OF

TECHNOLOGICAL CONTROL
Article 27

Except on the consent of the Author, a technological control facilit y to protect a right
of the Author shall not be destroyed, deleted, or made non-functio ning.
Elu cid atio n: Tech nolog ic al cont rol fac il ity is the technol ogy instrument in the fo rm
o f secret codes , pas swords, ba r codes , se ria l num bers, de crypt ion an d encryp tion
techn olog y use d to p rotect a Wo rk . All acts re ga rde d as vio lat ion of the l aws a re :
p rodu cing or im port ing o r rent ing out , any equi pment speci fi ca ll y des igned to
de lete techno log y cont rol fac il ities o r to pre vent and , rest ri ct the Du pli cat ion of a
Work.

Article 28

(1) The works using high-technology product io n facilit ies, particularly the opt ical
discs, shall comply with all the required permit s and the pro duction co nditions
determined by the relevant agency.
Elu cid atio n: The requ irements of high technolo gy prod uction fa cil itie s incl ude , fo r
e xa mpl e, p rodu ction lo cat ion pe rmit , ob lig ation to m aint ai n pro ductio n
 boo kkee pin g, in scrib ing the p roduc er’s ident ity on it s pro duct, taxes or exc ise an d
meet ing the i nspect ion requi re ments o f the autho rit y.

(2) Further provisions regarding high technology product ion facilit ies producing
optical discs as specified in paragraph (1) shall be determined in a Government
Regulation.

Chapter III - Validity Period of Copyrights

Article 29

(1) The Copyright of the Works of:

(a) books, pamphlets and other written wo rks;
(b) dramas or musical dramas, dances, cho reo graphy;
(c) all types of fine arts, such as paintings, sculptures and statues;
(d) batik arts;
(e) songs or musical arrangements w ith or wit hout text s;
(f) architectures;
(g) free lectures, preaches, lectures, speeches and other such Works;
(h) visual aids;
(i) maps;
(j) translations, interpret ations, adaptat ions, antho lo gy

shall be valid through the life of the Autho rs and shall continue to be valid for fifty
(50) years after the death of the Authors.

(2) If the Works as specified in paragraph (1) are owned by two (2) or more
persons, the Copyright shall be valid through the Author who dies later and shall
continue to be valid fifty (50) years thereafter.

Article 30

(1) The Copyrights of the Works of:

(a) Computer Programs;
(b) Cinematography;
(c) Photography;
(d) Database;
(e) Transformations

shall be valid for fifty (50) years as from the first announcement thereof.

(2) The Copyrights of published written wo rks layout s shall be valid for fift y (50)
years as from the time the Work is first published.
(3) The Copyrights of the Works as specified in paragraph (1) and paragraph (2) of
this article and Article 29 paragraph (1) shall be held by a legal ent it y and shall be
valid for fifty (50) years as from the t ime the Work is first anno unced.

Article 31

(1) The Copyrights of the Works held or exercised by the St ate based on:
(a) Article 10 paragraph (2) shall be valid for an unlimited perio d;
(b) Article 11 paragraph (1) and paragraph (3) shall be valid for fifty (50)
years as from the time the Work is first made known to the public.
(2) The Copyrights of the Works exercised by the publisher based on Article
11 paragraph (2) shall be valid fo r fifty (50) years as from the time the Work is first
published.

Article 32

(1) The validity period of a Copyright or a Wo rk anno unced part by part, shall
commence on the date the Announcement of the latest part is made.

(2) In determining the validity perio ds of the Copyright s of the Works that comprise
two (2) volumes of more, or the resumes and news published periodically and at
different times, each such volume o r resumes and news shall be deemed a separate
Work.

Article 33

The period of protection of the Autho r’s right s as specified in:

(a) Article 24 paragraph (1) shall be valid for an unlimited perio d;
(b) Article 24 paragraph (2) and paragraph (3) shall be valid thro ugh the
validity of the Copyright of the particular Work, except for the inclusion and
change of the name or the pseudo nym of the Author.

Article 34

Without prejudice to the rights of the Autho r to a protection period of the Co pyright,
the period commencing as from the co mplet ion of a Wo rk being protected:
(a) for fifty (50) years;
(b) during the life of the Aut hor and thereafter for fifty (50) years after the
death of the Author,

commencing January 1, of the follow ing year as from the Wo rk is anno unced, know n
by the public, published, or after he death of the Author.
Elu cid atio n: Th is pro vi sion confirming Ja nua ry 1 as d ate of the commen cement of
the pe rio d of a Copyri ght , is me rel y des igne d to ma ke it more pract ica l to
dete rm ine the e xp iry of the prote ction . Th e comme nceme nt is Ja nu ary 1 o f the
follo wi ng yea r a fte r the Wo rk is anno unced , is kn own by the publ ic, is pub lish ed or
the de ath of the Author. This pe rio d dete rm inat ion sh all be wi thout p rejud ice to
c alcu lat ion p rinc ip les the pe rio d of p rotecti on bas ed on the mome nt a Wo rk is
p rodu ced i f the dat e is defin itel y kno wn .

Chapter IV - Registration of Works

Article 35

(1) The Directorate General shall administer regist ration of Wo rks and by reco rd
such registration in the General Registry of Wo rks.

(2) The said General Registry of Works shall be open fo r every person to see
without any charges.

(3) Every person may obtain for himself or herself an excerpt of the General
Registry of Works at a cost.

(4) The procedure of registration as specified in paragraph (1) shall not be a

requirement to obtain a Copyright. The regist ration of a Wo rk is not a requirement
for the Author or the Copyright Ho lder, and the protect ion of a Wo rk commences as
from the time the Work is produced or takes shape, inst ead of by registrat ion. This
means, any Work, registered or otherw ise, shall alw ays be protected.

Article 36

The registration of a Work in the General Registry of Wo rks shall not mean Validation
of the Content, meaning, purpose and fo rm of the Work registered.
Elu cid atio n: The Directo rat e Gene ra l a dmin iste rin g the reg ist rat ion of Works sh al l
not be respon sib le fo r the content , me ani ng, purpose, or fo rm of the Wo rk
regist ere d.

Article 37

(1) The registration in the General Regist ry of Works shall be made on the basis of
the Application of the Author or the Copyright Ho lder or the Attorney.
Elu cid atio n: Attorne y is Co nsult ant of Intell ectua l Prop ert y Ri ghts, that is , the
pe rson who i s knowle dge ab le of Inte llect ua l pro perty R ights a nd who espec ia ll y
o ffe rs se rvice s of ha ndl ing the a ppl ic ation o f Cop yright s, Patent s, Tra de ma rk s,
Ind ustria l des igns , an d other fie lds o f Intel lectu al Pro pert y Ri ghts, and i s
regist ere d as a n Intel lectu al Pro pert y Ri ghts Cons ult ant wi th the Directorate
Ge neral .

(2) The application shall be addressed to the D irecto rate General in two (2)
identical copies, written in the Indonesian language accompanied by a sample of the
Work or its substitute, at a cost.
Elu cid atio n: Substit ute fo r the Wo rk is the sam ple o f the Wo rk a ttach ed bec ause it
is technic al ly impos sib le to atta ch the Wo rk to the a pp lic ation . In this
a rran geme nt, a la rge st atue is repl ace d by its min iatu re o r its photog ra ph .

(3) On the Application as specified in paragraph (1), the Directorate General shall
make a decision no later than nine (9) months as fro m the date the Applicat io n is
received in the required sufficiency.
Elu cid atio n: The pe ri od of an ap pl icat ion p rocess is desi gned to gi ve the Ap pl icant
the le ga l cert aint y the reo f.

(4) The Attorney as specified in paragraph (1) shall be a co nsult ant registered w ith
the Directorate General.

(5) The conditions and procedure for the appointment and regist ration of a
consultant as specified in paragraph (4) shall be further det ermined in a Government
Regulation.

(6) Further provisions on the conditions and pro cedure of an Applicat io n shall be
determined in a Presidential Decree.

Article 38

If an Application is made by more than one persons or by a legal ent it y which jointly
have the right to a Work, such application shall be att ached w ith a cert ified co py of
the deed of incorporation or a writt en statement pro ving such right.

Article 39

The General Registry of Works cont ains, amo ng other things:

(a) names of the Authors and the Co pyright Ho lders;

(b) dates the Application are received;

(c) dates of the sufficiency of the do cument s as specified in Art icle 37; and

(d) registration number of the Works.

Article 40
(1) The registration of a Work shall be deemed to have been made on the receipt of
the Application by the Directorate General wit h sufficiency as specified in Article 37,
and at the time a sufficient Applicat io n acco rding to Article 37 and Article 48 if the
Application is made by more than one person or a legal entit y as specified in Article
38.

(2) The registration as specified in paragraph (1) shall be anno unced in the Official
Bulletin of Works by the Directorate General.

Article 41
(1) The transfer of right to the registration of a Wo rk, regist ered according
to Article 39 under a single number is only possible if the who le Wo rk is transferred
to another party.

(2) Such transfer of right shall be reco rded in the General Regist ry of Works at a
written request of both parties or the recipient of the right , at a cost.

(3) The recording of such transfer of right shall be announced in the General
Registry of Works by the Directorat e General.
-
Article 42
In the case a Work is registered in acco rdance w ith Art icle 37 paragraph (1) and
paragraph (2), and Article 39, the party who according to Art icle 2 hereto has the
right to the Copyright may claim a cancellation of the regist ration through the
Commercial Court.

Article 43

(1) Any changes in the name and/or in the address of the person or the legal ent it y
whose name is recorded in the General Registry of Works as the Autho r or the
Copyright Holder, shall be recorded in the General Registry of Works at a written
request of the Author or the Copyright Ho lder of that name and address, at a co st.

(2) Such a change in the name and/o r in the address shall be announced in the
Official Bulletin of Works by the Directo rat e General.

Article 44

The legality of a registration of a Work shall become null and vo id fo r:

(a) a deletion at the request of the person or the legal ent it y whose name is
recorded as the Author or the Copyright Ho lder.
(b) lapse of time as specified in Article 29, Art icle 30 and Art icle 31, and in
observance of Article 32.
(c) declared null and void in a co urt decision which has beco me legally definite.

Chapter V - License
Article 45
(1) The Copyright Holder shall have the right to give a License another party based
on a license agreement, to act as specified in Article 2.
(2) Except otherwise agreed, the sco pe of a License as specified in paragraph (1)
shall include all acts as specified in Article 2, during the agreed License period, and
shall be effective for the whole territ ory of the Republic of Indonesia.

(3) Except otherwise provided, the exercise of the acts as specified in paragraph
(1) and paragraph (2) shall be accompanied by the obligat io ns to pay a ro yalt y by
the Licensee to the Copyright Holder.

(4) The amount of the royalty payable by the Licensee to the Copyright Holder shall
be based on the agreement of both parties w ith reference to the co nvention of
professional organization.

Article 46
Except otherwise agreed, the Copyright Ho lder may st ill exercise or give a License to
a third party to act as specified in Art icle 2.

Article 47

(1) A License agreement shall not co ntain a pro vision that will produce an adverse
effect on the economy of Indonesia, o r cont ain a provisio n that causes an unfair
business competition as provided in the prevailing law s and regulat ions.

(2) In order to have a legal effect on a third part y, a License agreement shall be
registered with the Directorate General.

(3) The Directorate General shall reject the regist rat io n of License agreement which
contains a provision as specified in paragraph (1).

(4) Further provisions on the regist ration of a License agreement shall be

determined in a Presidential Decree.

Chapter VI - Board of Copyrights

Article 48

(1) To assist the Government in the extension and guidance as well as supervisio n
of Copyright, a Board of Copyrights is established.

(2) The members of the Board of Co pyrights shall consist of represent atives of the
government, representatives of pro fessional organizations, and members of the
society who have competency in Co pyright, appo int ed and discharged by the
President on the recommendation of the Minister.

(3) Further provisions on the dut ies, funct io ns, composit ion, working pro cedure,
budget, and office period of the Bo ard of Co pyrights shall be determined in a
Government Regulation.

(4) The budget for the Board of Co pyrights as specified in paragraph (3) shall come
from the budget of the Ministry in charge of Intellect ual Pro perty Rights.
Chapter VII - Related Rights
Article 49

(1) An actor shall have the exclusive right to license or to prohibit other part ies
who without his or her consent make, duplicate o r bro adcast his or her recorded
voice and/or show picture. To broadcast here means renting out , making a public
performance, making a life performance, and interactively communicating a reco rded
work of an Actor.

(2) A Voice Recording Producer shall have an exclusive right to license or prohibit
other parties to without his or her consent duplicat e and/or rent out the a vo ice or
sound Recording.

(3) A Broadcasting Institution shall have the exclusive right to license or to prohibit
other parties who without its consent make, duplicat e, and/o r re-broadcast it s
broadcasting material through transmissio n means, with w ire or wireless, or through
other electromagnetic system.

Article 50

(1) The period of protection of:

(a) an Actor shall be fifty (50) years as fro m the wo rk is first show n o r
entered into an audio media or an audio visual media;
(b) a Voice Recording Producer shall be fift y (50) years as from the time the
work is first recorded;
(c) a Broadcasting Institut io n shall be twent y (20) years as from the t ime
the broadcasting work is first broadcast.

(2) The protection period as specified in paragraph (1) shall commence on January
1 of the following year:
(a) the show work is perfo rmed or reco rded in the audio or audio visual
media;
(b) the voice recording wo rk is recorded;
(c) the broadcasting work is bro adcast the first t ime.

Article 51
The provisions as specified in Article 3, Article 4, Article 5, Article 6, Article 7, Article
8, Article 9, Article 10,Article 11, Art icle 14 item b and item c, Article 15, Art icle
17, Article 18, Article 19, Article 24, Article 25,Article 26, Art icle 27, Article
28, Article 35, Article 36, Article 37, Article 38, Art icle 39, Article 40, Art icle
41,Article 42, Article 43, Article 44, Art icle 45, Article 46, Art icle 47, Article
48, Article 52, Article 53, Article 54,Art icle 55, Article 56, Art icle 57, Article
58, Article 59, Article 60, Article 61, Article 62, Art icle 63, Article 64,Article
65, Article 66, Article 68, Article 69, Article 70, Art icle 71, Article 74, Art icle
75, Article 76, Article 77, shall mutat is mutandis apply to the Relat ed Rights.

Chapter VIII - Management of Copyrights

Article 52

The administration of Copyrights as pro vided in this Law shall be undertaken by the
D irectorate General.

Article 53
The Directorate General shall maint ain a nat ionw ide document ation and informat io n
network system of Copyrights that will be able to as extensively provide informat io n
on Copyrights to the public as possible.

Chapter IX - Costs
Article 54

(1) All Applications, requests of excerpts from the General Registry of Wo rks,
recording of transfer of Copyright s, recording of a change in name and/o r address,
registrations of License agreement s reco rding of compulsory License, and others as
provided in this Law shall be charged a cost in the amount det ermined in a
Government Regulation.

(2) Other provisions regarding the requirements, period, and pro cedure of sett ling
the costs as specified in paragraph (1) shall be determined in a Presidential Decree.

(3) The Directorate General may on the approval of the Minister and the Minister of
Finance use the funds obtained from the payment of the costs specified in paragraph
(1) and paragraph (2) based on the prevailing laws and regulations.
Elu cid atio n: To use the funds here is the use of the Non -Ta x State Re venue s
(PN BP) in acc ordanc e wi th the p revai lin g syst ems a nd mech an isms . In these
rega rd s, a ll revenues are depos ited d ire ctly to the State treasu ry as PNB P. Th en,
the Directo rate Gene ra l, throug h the Mi niste r request s the ap pro va l of the
Min iste r of F ina nce fo r the use o f the PN BP as re qui red and a s is l awfu ll y right , as
is pres entl y p rovide d by Law Numb er 2 0 of 19 97 conce rn ing Non -Ta x State
Re venu es (St ate G az ette of the Rep ubl ic of Indones ia o f 199 7 Num ber 43).

Chapter X - Settlement of Disputes

Article 55

The transfer of a Copyright of the whole Work to another party shall wit hout
prejudice to the rights of the Aut hor o r his or her heir to complain that which is
without his or her consent:

(a) deleting the name of the Aut hor on the Wo rk;

(b) inscribing the Author’s name on the Work;

(c) changing the title of the Wo rk;

(d) changing the content of the Wo rk.

Article 56

(1) The Copyright Holder shall have the right to claim a compensatio n for damages
due to the infringement of his or her Wo rk and request fo r the confiscat io n of the
object announced or the Duplicatio n of the Work.

(2) The Copyright Holder shall also have the right to request the Commercial Court
to order the surrender of all or a part of the income obtained from the operat ion of
lectures, scientific seminars show s or exhibitions of works, that have been produced
from an infringement of Copyright .

(3) To prevent further damages affect ing the party whose right is infringed, the
judge may before making the final decision, order that the violat or disco ntinue the
activities of Announcement and/or Duplicat io n of Work o r object that has been the
product of an infringement of Copyright.

Article 57
The rights of the Copyright Holder as specified in Art icle 56 shall not apply to the
Work that is in the hands of the part y who has in good fait h obtained the Work
exclusively for own use and not used fo r co mmercial act ivit ies and/or interests
relating to commercial activities.

Article 58
The Author of a Work or his or her heir may file a claim for a compensat io n of the
infringements as specified in Article 24.

Article 59
The claim as specified in Article 55, Article 56 and Article 58 shall be decided in a
period of ninety (90) days as from the day the claim is received by the relevant
Commercial Court.

Article 60

(1) A claim against an infringement of Co pyright shall be filed to the Chief of the
Commercial Court. Chief of Commercial Co urt is Chief of D ist rict Court/Commercial
Court.

(2) The Clerk shall register the claim as specified in paragraph (1) on the date the
claim is filed and the plaintiff receives a stat ement of receipt, signed by the relevant
official indicating the date similar to the date of the filing.

(3) The Clerk shall forward the claim to the Chief of the Commercial Court no later
than two (2) days as from the date the claim is filed.

(4) The Commercial Court shall no later than three (3) days after receipt of the
claim, review the claim and determine the day of the co urt session.

(5) The court session of a claim shall commence no later than sixty (60) days after
the claim is filed.

Article 61

(1) The notice to the parties shall be made by the bailiff no later than seven (7)
days after the claim is filed.

(2) The decision on a claim shall be pronounced no lat er than ninety (90) days after
the claim is filed and may be extended to no later than thirty (30) days on an
approval of the Chief of the Supreme Court .

(3) The decision on a claim as specified in paragraph (2) that completely co ntains
the legal considerations that make the basis of the decision shall be pro nounced in a
session open to public, and if required may be first execut ed though a legal effort is
being sought therefor.

(4) The dossiers of the decision of the Commercial Court as specified in paragraph
(3) shall be delivered by the bailiff to the part ies no later than fourteen (14) days as
from the decision on the claim is pronounced.

Article 62
(1) Only a kasasi may be sought fo r the decisio n of the Co mmercial Court as
specified in Article 61paragraph (4).
(2) The application for a kasasi as specified in paragraph (1) shall be filed no later
than fourteen (14) days as from the date the decision fo r which the kasasi is filed is
pronounced or notified to the parties and file thereof to the Court which makes the
decision.
(3) The Clerk shall register the applicat io n for kasasi on the dat e the application is
filed and the applicant for kasasi shall receive a stat ement of receipt, signed by the
clerk indicating the date similar to the dat e of the filing.
Elu cid atio n: Exce pt otherwi se st ated , “cle rk ” in this parag ra ph me ans the c lerk of
the Dist rict Court /C omme rc ia l Court.

Article 63
(1) The applicant for kasasi shall submit the memo randum of kasasi to the clerk no
later than fourteen (14) days as from the date the applicat io n for kasasi is filed as
specified in Article 62 paragraph (2).
(2) The Clerk shall forward the memo randum of kasasi as paragraph (1) to the
defendant of kasasi no later than seven (7) days as from the receipt of the
memorandum of kasasi .
(3) The defendant of kasasi may file a cont ra memo randum of kasasi to the clerk no
later than fourteen (14) days as from the receipt of the memorandum of kasasi as
specified in paragraph (2) and the clerk shall forw ard the co ntra memorandum
of kasasi to the application for kasasi no lat er than seven (7) days as from the
receipt of the contra memorandum of kasasi by the clerk.
(4) The clerk shall forward the dossiers of the kasasi case to the Supreme Court no
later than fourteen (14) days after the period specified in paragraph (3).

Article 64
(1) The Supreme Court shall review the do ssiers of the case of kasasi and decide
the hearing day no later then seven (7) days after the date the application
for kasasi is received by the Supreme Co urt .
(2) The hearing of the applicatio n for kasasi shall be made no later than sixty (60)
days as from the day the applicat io n fo r kasasi is received by the Supreme Court.
(3) The decision on the application fo r kasasi shall be pro nounced no later than
ninety (90) days as from the date the applicat io n for kasasi is received by the
Supreme Court.
(4) The decision of the application for kasasi as described in paragraph (3) that
gives full accounts on the legal considerat io ns that make the basis of the decision
shall be read out in a session open to public.
(5) The clerk of the Supreme Court shall send the copy of the decisio n of kasasi to
the clerk no later than seven (7) days as from the date the decisio n on the
application for kasasi is pronounced.
(6) The bailiff shall send the decisio n on the kasasi as described in paragraph (5) to
the applicant for kasasi and the defendant of the kasasi no lat er than seven (7) days
as from the receipt of the decision on the kasasi.

Article 65
Besides the settlement of a dispute as specified in Art icle 55 and Art icle 56, the
parties may also seek settlement through arbitrat ion o r an alternat ive to sett lement
of disputes.
Elu cid atio n: Alternat ive settlem ent of d ispute s mea n negoti atio n, me di ation ,
conc il iat ion, and othe r ways the p art ies m ay choose in a ccorda nce with the
p revai li ng l aws.

Article 66
The right to make a claim as specified in Article 55, Art icle 56, and Art icle 65 shall be
without prejudice to the right of the St ate to make charge the infringement of the
Copyright as criminal case.

Chapter XI - Interim Decision of the Court

Article 67
The party whose right has been adversely affected may request the Commercial Court
to issue an interim decision of:

(a) preventing the continuation of the Copyright infringement , particularly banning

the entry of goods alleged as an infringement of the Copyright or the Related Right
to the market, including the activit ies of impo rtatio n.
Elu cid atio n: Th is pro vi sion is mea nt to pre vent furt her dam age s to the p arty
whose rig ht is bei ng in fringe d, so th at the Ju dge of the Dist ri ct Court is gi ven the
a uthority to issue a n interim decis ion in o rde r to pre vent the continue d
in frin gement and the in fl ux of the mat eria ls a lleg ed as i nfrin geme nt of Cop yrig ht
a nd Rel ated Rights onto the t rad ing ch anne ls, incl udin g imp ort ation .

(b) securing the evidence relating to the infringement of the Copyright o r the
Related Right to avoid the deletion of Co pyright.
Elu cid atio n: Th is pro vi sion is mea nt to pre vent the de leti on of e vid ence b y the
in frin ging party.

(c) to request the party adversely affected by the act to give evidence st ating that
the concerned party is actually ent it led to the Co pyright or the Related Right, and
that such right is actually being infringed.

Article 68

If the interim decision of the court has been made, the part ies shall fo rthwit h be
notified thereof, including the right to be heard for the party being affected by such
interim decision.

Article 69
(1) If the judge of the Commercial Court has issued an interim decisio n, the judge
of the Commercial Court shall decide whether to change, cancel or substant iate the
decision as described in Article 67 item (a) and item (b) in no later than thirty (30)
days as from the interim decision is issued.

(2) If in the period of thirty (30) days the judge does not perfo rm the provisio n
specified in paragraph (1), the int erim decision of the court shall not have a legal
effect.

Article 70

If an interim decision is cancelled, the part y who feels to have been adversely
affected thereby may claim the party who has requested such interim decisio n to pay
a compensation for damages caused by the interim decision.

Chapter XII - Investigation

Article 71

(1) Beside the investigator of the Indonesian National Police, relevant Civil Service
Officials of the ministry who oversees matters on Intellect ual Propert y Rights shall be
given special authority as Investigators as provided in Law Number 8 of 1981
concerning Criminal Law Procedure to invest igate criminal act s in Copyright .
Elu cid atio n: Rele va nt civil servic e offic ia ls are the offi cia ls a ppo inted a s
in vest ig ators bas ed on a Min isteria l Decree.
(2) The Investigator as described in paragraph (1) shall have the fo llow ing
authorities:
(a) to examine the evidence of a repo rt relating to a criminal act in
Copyright;
(b) to interrogate the persons or legal ent it ies alleged to have taken a
criminal act in Copyright;
(c) to request information from the perso ns o r legal entities in regard of
criminal acts in Copyright;
(d) to conduct an examination of the bookkeeping, records and other
documents;
(f) to, jointly with the Police, confiscat e the materials and goods produced in
the violation that may be used as evidence in a criminal case in Copyright;
and
(g) to request expert assist ance in do ing the investigation of a criminal act
in Copyright.

(3) The Investigator as described in paragraph (1) shall not ify the commencement
of an investigation and report the result s thereof to the Indonesian Nat ional Police.
Elu cid atio n: Dup lic ati ng the use inc lude s mult ipl yi ng, or cop yi ng comp uter
p rog ra ms in the form of sou rce code or its a ppl ic ation p rog ra m.
Sou rce cod e is a file prog ra m cont ain ing the st atement of program min g,
in stru ction cod es, funct ions , pro cedu res a nd object s desi gned b y a p rog ra mme r.
Fo r e xa mpl e: A bu ys a compute r p rog ra m on a Licen se fo r use on a com pute r unit ,
o r B enters into a Lic ense a gre ement for the use of a p rog ra m ap pli cat ion fo r ten
(10 ) com pute r units , If A o r B copie s the compute r p rog ra m ap pli cat ion to a
num ber of mo re tha n as ag ree d, the act sha ll be an in fringe ment , exc ept fo r a
file .

Chapter XIII - Criminal Penalty

Article 72
(1) Anyone who willfully without the right thereto takes an act as specified
in Article 2 paragraph (1) orArticle 49 paragraph (1) and paragraph (2) shall be
subject to an imprisonment of, respectively, one (1) month at the least and/o r a fine
of one million rupiah (Rp.1,000,000.00) at the least , or an impriso nment of,
respectively, seven (7) years at the most and/o r a fine of five billion rupiah
(Rp5,000,000,000.00) at the most.

(2) Anyone who willfully broadcasts, exhibits, circulat es or sells to the public a
Work or article obtained through infringement of Copyright o r Related Right as
specified in paragraph (1) shall be subject to an imprisonment of five (5) years at
the most and/or a fine of five hundred millio n rupiah (Rp.500,000,000.00) at the
most.

(3) Anyone who willfully and witho ut the right thereto duplicat e the use fo r
commercial purpose of a Computer Pro gram shall be subject to an impriso nment of
five (5) years at the most and/or a fine of five hundred million rupiah
(Rp.500,000,000.00) at the most .
(4) Anyone who willfully violates the pro vision of Article 17 shall be subject to an
imprisonment of five (5) years at the mo st and/or a fine of one billion rupiah
(Rp.1,000,000,000.00) at the most .
(5) Anyone who willfully violates the pro visions of Art icle 19, Article 20, or Art icle
49 paragraph (3) shall be subject to an impriso nment of two (2) years at the mo st
and/or a fine of one hundred and fifty millio n rupiah (Rp.150,000,000.00) at the
most.
(6) Anyone who willfully and witho ut the right thereto violat es the pro visions
of Article 24 or Article 55 shall be subject to an imprisonment of two (2) years at the
most and/or a fine of one hundred and fift y million rupiah (Rp.150,000,000.00) at
the most.
(7) Anyone who willfully and witho ut the right thereto violat es the pro vision
of Article 25 shall be subject to an impriso nment of two (2) years at the mo st and/or
a fine of one hundred and fifty millio n rupiah (Rp.150,000,000.00) at the mo st.
(8) Anyone who willfully and witho ut the right thereto violat es the pro vision
of Article 27 shall be subject to an impriso nment of two (2) years at the mo st and/or
a fine of one hundred and fifty millio n rupiah (Rp.150,000,000.00) at the mo st.
(9) Anyone who willfully violates the pro vision of Article 28 shall be subject to an
imprisonment of five (5) years at the mo st and/or a fine of five hundred million
rupiah (Rp.150,000,000.00) at the most.

Article 73

(1) The Work or the article which is obtained through an infringement of Co pyright
or the Related Right and the equipment and tools used fo r taking the criminal act
shall be confiscated and destroyed by the St ate.

(2) A Work as specified in paragraph (1) in the art s which is unique, may be
determined for an exception of being destro yed. “Unique” here means an exclusive
form which does not have any similarity to others, or is of special nature.

Chapter XIV - Transitional Provisions

Article 74

With the effectiveness of this Law , all the law s and regulat ions in Co pyright already
in effect on the date this Law becomes effective, shall remain effect ive as lo ng as
such laws and regulations are not against or have not been replaced under this Law .

Article 75

The Work Registration Certificate already issued by the Directo rate General based on
Law No. 6 of 1982 concerning Copyright as already amended under Law No. 7 of
1987, the latest being under Law No. 12 of 1997 that are still effective when this Law
is enacted, shall remain effective for the remaining perio d.

Chapter XV - Concluding Provisions

Article 76

This law shall apply to:

(a) all Works by the Indonesian cit izens, residents and legal entit ies;

(b) all Works by non-Indonesian cit izens, residents and legal ent it ies that are first
announced in Indonesia;

(c) all Works by non-Indonesian citizens, resident s and legal entities pro vided that:
(i) the countries of the concerned have bilateral t ies on protect ion of
Copyrights with the Republic of Indonesia; o r
(ii) the countries of the concerned and the Republic of Indonesia are part ies
or participants in the same mult ilat eral agreement on protection of
Copyrights.

Article 77
With the effectiveness of this Law , Law Number 6 of 1982 concerning Copyright as
already amended under Law Number 7 of 1987, the latest being under Law Number
12 of 1997 are hereby declared null and vo id.

Article 78

This Law shall become effective twelve (12) months as from the dat e it is enacted.

In order that every person knows abo ut it, it is hereby o rdered that this Law be
promulgated in the State Gazette of the Republic of Indonesia.

To become effective twelve (12) months as from the enactment is meant to give the
law ample time for socialization to the parties related to Copyright s, such as,
universities, associations in Copyrights, etc.