Indonesia

Legal background

Copyright legislation	Law No. 19/2002 Copyright Act ("CA") From http://www.setneg.go.id/components/com_perundangan/docviewer.php
Other relevant laws	Law No. 5/1999 on Prohibiting Monopolistic Practice and Unfair Business Competition ("Law No. 5")
Copyright treaties	Berne Convention	Berne Appendix	TRIPS	WCT	WPPT
Other relevant treaties

Scope and duration of copyright

Is the period of protection of each type of copyright work limited to the minimum duration mandated by the Berne Convention?	YES Limited for 50 years after the author’s death or first publication.	CA, Article 29-34
Must a work be fixed in some material form before copyright attaches?	NO
Is the exercise of copyright subject to competition law, for example by compulsory licensing or regulation of royalties in the case of copyright holders who misuse their monopoly power?	NO	Law No. 5 Article 50 b
Is the exercise of copyright subject to compliance with a bill of rights or similar human rights instrument, for example by preventing copyright from being used to stifle protected speech?	NO
Does the compilation of a database of non-original material fall outside the scope of copyright?	NO	CA, Article 30 (1) d
Do exceptions and limitations in national copyright law prevail over contracts purporting to limit or override them?	YES Law has primacy.

Freedoms to access and use

By Home Users	Is time, space and format shifting allowed (such as ripping music from CD to an MP3 player)?	YES However, only for non-commercial purposes.	CA, Article 1, 5 & 6
	Can consumers reproduce copyright material for their own use in the original format, for example for backup purposes?	YES However, this only applies to computer software.	CA, Article 15 g
	Can works be communicated to a limited public (for example, family and friends) without infringing copyright?	YES However, there cannot be the receipt of payment or commercial activities of any kind related to the communication.	CA, Article 15 c (ii)
	In any other cases may reproductions be made on a private, noncommercial basis, for example through peer-to-peer file sharing?	LIMITED The copyright owner's civil remedies in respect of reproductions made for private, non-commercial purposes are limited.	CA, Article 57
	Are blank media and computer hardware sold free of compulsory levies collected for copyright owners?	YES
For Education	Is reproduction permitted for the purposes of research or study?	YES Sufficient acknowledgement to the creator must be provided.	CA, Article 15 (a)
	Is it permissible to copy an entire work and to make any number of copies?	YES This cannot be for commercial purposes and acknowledgement must be given to the creator.	CA, Article 15 (d)
	Does any such research and study provision cover distance and online education?	YES
	May translations of works be made for educational purposes?	LIMITED Only with the permission of the copyright holder.	CA, Article 16 (b)
	May works be reproduced and published by educational institutions in connection with systematic instructional activities?	YES However, sufficient acknowledgement must be provided to the copyright owner.
Online	Is hyperlinking to a Web site allowed without permission of the site's owner?	YES	CA, Article 1 no. 5
	Are temporary or transient copies, incidental to a lawful use, excepted from copyright?	YES CA, Article 1 no. 5
	Is caching of Web content permitted?	NO
	Are ISPs protected from liability for infringements by third parties, because the law either does not impose liability upon intermediaries or limits their liability in certain circumstances?	YES Infringements are the responsibility of the user not the ISP.
	Do ISPs provide Internet access without conducting filtering or monitoring for potential copyright-infringing material?	YES
	Are the names and personal information of customers who are alleged to have engaged in copyright-infringing behaviour protected from disclosure by their ISPs?	NO
By content creators	Can a recording or performance of a musical work be made under compulsory license from the composer?	YES	CA, Article 45 and 12
	Can copyright works be non-commercially remixed or mashed up into new works?	YES	CA, Article 15 c (ii)
	May computer software be reverse engineered for the purpose of creating interoperable software?	NO Under the software user license agreement they cannot. However, if there is an exception in Indonesian law (eg for non-commercial education purposes) they may get away with it. It is legally unclear.
	Is the incidental inclusion of a work in other material permitted?	NO
	Is there are copyright exception for parody or satire?	NO
	Is there a copyright exception for professional advice?	NO	CA, Article 12
	Do creators who license their work retain the moral right of attribution?	YES
	Does copyright law contain provisions regarding traditional knowledge/folklore?	YES	CA, Article 10
By the press	Is there a copyright exception for the news of the day?	YES However, sufficient acknowledgement must be provided to the copyright owner.
	May copyright material be reproduced for the purposes of review and criticism?	YES However, sufficient acknowledgement must be provided to the copyright owner.
	May political speeches, speeches in judicial proceedings and/or other public speeches be used for any purpose?	YES However, sufficient acknowledgement must be provided to the copyright owner.
	May quotations be used for any purpose?	YES However, sufficient acknowledgement must be provided to the copyright owner.
By Libraries	May libraries copy works that cannot reasonably be obtained commercially?	YES Yes but limited. They can copy as long as it is not for commercial use and not a computer programme	CA, Article 15 (e)
	May libraries copy works for users for the purpose of research or study?	YES But not for commercial distribution.	CA, Article 15 (e)
	Is the reproduction of unpublished works by libraries permitted?	YES But not for commercial distribution.	CA, Article 15 (e)
	Are libraries allowed to make preservation or archive copies of materials in their collections?	YES
By disabled users	Is it permissible to copy or adapt work for the use of those with disabilities?	YES But not for commercial distribution.	CA, Article 15 (d)
In public affairs	Are laws excluded from copyright?	YES	CA, Article 13
	Are other governmental works excluded from copyright?	YES	CA, Article 14 (b)
	Is there a copyright exception for use of material in judicial proceedings?	YES	CA, Article 15 (b)

Freedoms to share and transfer

Administration and enforcement

What is the maximum penalty for copyright infringement for an individual?	Up to 7 years imprisonment or Rp. 5 billions	CA, Article 72
What is the maximum penalty for copyright infringement for a corporation?	Up to 7 years imprisonment or Rp. 5 billions	CA, Article 72
Is registration of copyright required before it may be enforced in court?	NO Although it makes it easier for the purposes of evidence.
Is there a distinction between personal versus (large-scale) commercial use?	NO Not in law. It is up to the court.
Is the creation or distribution of devices that can circumvent technological protection measures (TPM) permitted, where such devices can be used for purposes that would not infringe copyright?	YES
Is the use of such devices by consumers permitted for any purpose that would not infringe copyright?	NO No, not unless the copyright holder has given permission.	CA, Article 27
Does national copyright or consumer protection law require disclosure to consumers of the existence of TPMs and any potential limitations on the use of TPM-protected material?	NO
Are the operations of copyright collectives subject to public oversight?	NO There is only one for recording artists.
Is any portion of the revenues of copyright collectives set aside for benevolent purposes?	NO
Are copyright collectives precluded from using their revenues for political lobbying?	NO
Is copyright enforced only through mechanisms provided by law, rather than through private intermediaries?	YES Copyright may be enforced through contract law as long as the contract is line with other Indonesian laws.
Is the enforcement of copyright restricted to civil or private law, rather than attracting criminal sanctions?	NO It attracts civil and criminal sanctions.
Are damages for copyright infringement based on the loss sustained, rather than by a preestablished or statutory damages award?	YES They are based on the loss sustained.
Is there provision to penalise the wrongful allegation of copyright infringement?	LIMITED Recourse can be sought through defamation law which can include gaol time for the defamator.

Conclusions

Indonesian law does not yet include all appropriate flexibility mechanisms available under international treaties on copyright. Access to knowledge will be strengthened with the inclusion of more appropriate flexibility mechanisms. For example, under current Indonesian law compulsory licenses are limited to reproduction and translations. These should be broadened to include all publications. (CA Article 16 (1))

Otherwise, Indonesian law contains a number of provisions well-tailored to the needs of consumers in this developing country, including a limitation of remedies for personal copying, and it has kept to the Berne minimum copyright term. Against this, Indonesia was the first signatory to ratify the WIPO Copyright Treaty, in 1997 - the benefits of which for Indonesian consumers are obscure at best.

Further while Indonesia does have some flexible principles worked into its IP law, these have not yet been seriously tested in court. If confronted by litigation brought by powerful and wealthy rights holders, it is questionable as to whether these flexibilities will be effective given Indonesia's often weak judicial system.

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May copyright works be freely offered for commercial rental?	NO
May a person in lawfully possession of a copyright work distribute, communicate or make it available without reference to the copyright owner?	NO
May works be dedicated to the public domain without legal formality besides an overt act of relinquishment?	NO A formal statement/disclaimer is required.
Are orphaned works treated differently in the law to other copyright works, for example by allowing them to be compulsorily licenced, limiting remedies, or by releasing them into the public domain?	NO Orphaned works do not pass into the public domain.
Is parallel importation permitted?	NO
Are there incentives for the use, production and dissemination of free and open source software within copyright law or elsewhere in national law/policy?	YES Indonesia Go Open Source is a programme that was initiated several years ago in a number of Government departments aimed at promoting the use of open source software by private users and the government. It is not legislative, but rather is just a policy to promote the growth of open source use. See http://www.igos.web.id/.
Are there incentives for the use, production and dissemination of open access material (e.g. textbooks) within copyright law or elsewhere in national law / policy?	YES The Department of Education has a programme to purchase the copyright on textbooks and then provide them at very low cost, or free online, to Indonesian school students. See http://bse.depdikna.go.id/.

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