ProdukHukum Perdagangan
Law No. 19/2002 dated July 29, 2002
ON
COPY RIGHTS
BY THE GRACE OF GOD ALMIGHTY,
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Considering :
a. that Indonesia is the country which has ethnic/ racial and cultural diversity and is rich in
the arts and literature the development of which requires the protection of copyrights on
intellectual property resulting from the diversity;
b. that Indonesia is a signatory to a number of international convention/ agreement in the
field of intellectual property rights in general and copyrights in particular so that it is
necessary to translate them into the national legal system;
c. that developments in the field of trade, agriculture and investment have grown so rapidly
that it is necessary to increase the protection of creators and related rights holders by
constantly paying attention to the interests of general public;
d. that in view of experience in implementing the law on copyrights, it is necessary to enact
a new law on copyrights in lieu of law No. 6/1982 on copyrights as has been amended by
law No 7/1987 and the latest by law No 12/1997;
e. that based on the considerations in letters a, b, c and d law on copyrights is needed.
In view of :
1. Article 5, paragraph (1), article 20, paragraph (1), article 28 C, paragraph (1) and article
33 of the 1945 Constitution;
2. Law No. 7/1994 on the Ratification of the Agreement Establishing the World Trade
Organization (Statute Book of 1994 No 57, Supplement to Statute Book No 3564)
With the approval of
THE HOUSE OF REPRESENTATIVES OF
THE REPUBLIC OF INDONESIA
DECIDES :
To stipulate
LAW ON COPYRIGHTS.
CHAPTER 1
GENERAL PROVISIONS
Article 1
Referred to in this Law as :
1. Copyrights shall be the exclusive right of a creator or right recipient to announce or
reproduce his/her creation or give a licenses to hat effect without reducing restrictions
within the framework of the existing laws and regulation.
2. Creator shall be a person or group of person who upon his/her/their aspiration, produce
(s) a creation based on thoughts, imagination, dexterity, skill, or expertise translated into
typical and personal work.
3. Creation shall be any work of a creator which shows originality in the field of science, art
or literature.
4. Copyright holder shall be a creator as a copyrights owner, or other party receiving he
right from the creator, r other party receiving further the right from the other party
receiving the right.
5. Announcement shall be the reading, broadcast, display, sale, circulation or dissemination
of a creation using whatever means, including the internet or through whatever activity to
enable other persons to read, hear or see it.
6. Reproduction shall be an act of increasing the number of a creation, either the whole or
very substantial part of it, using similar or different materials, including transforming it
permanently or temporarily.
7. Portrait shall be the picture of the face a person portrayed, including or excluding other
parts of the body, using whatever way and means.
8. Computer program shall be a set of instruction created in the form of language, code,
diagram, or the like which, if combined with the media that can be read by a computer
will make the computer work to carry out special functions or achieve special result,
including preparations for designing the instructions.
9. Related right shall be the right related to a copyright, namely the exclusive right of an
agent to reproduce or broadcast his/her show; of a sound recording producer to reproduce
or rent his/her sound recording work or voice recording; and of a broadcast institution to
produce, reproduce or broadcast work.
10. Agent shall be an actor, singer, musician, dancer or anybody displaying, demonstrating,
showing, singing, presenting, declaiming, or playing a musical, drama, dance, literature,
folklore, etc, work.
11. Sound recording producer shall be a person or corporate body that for the first time
records and is responsible for recording sound or voice, either sound or voice from a
show or other sound or voice,
12. Broadcast institution shall be a broadcast operator in the form of corporate body that
broadcasts a broadcast work using transmission with or without cable or through an
electromagnetic system.
13. Request shall be an application filed by an applicant to the Directorate General for the
registration of a copyright.
14. License shall be a permit given by a copyright holder or related right holder to other party
to announce and/or reproduce his/her creation or product of a related right under certain
terms.
15. Proxy shall be an intellectual property right consultant as provided for in this law.
16. Minister shall be the Minister who leads a ministry one of which tasks and
responsibilities covers the developments of intellectual property rights, including
copyrights.
17. The Directorate General shall be the Directorate General of intellectual Property Rights
under the preview of the ministry led by the Minister.
CHAPTER II
SCOPE OF COPYRIGHT
Part one
Function and Nature of Copyright
Article 2
1. A copyright shall be the exclusive right of a creator or copyright holder to announce or
reproduce his/her creation arising automatically after a creation has come into being,
without reducing restrictions within the framework of the existing law and regulations.
2. The creator or copyright holder of a cinematographis work and computer program shall
have the right to permit or prohibit other person without his/her consent, to rent the
creation for commercial purpose.
Article 3
1. A copyright shall be regarded as movable article.
2. A copyright can naturally or deliberately be transferred, either wholly or partially, due to
:
a. inheritance;
b. grant;
c. testamentary bequest;
d. written agreement; or
e. other causes justified by the existing laws and regulations.
Article 4
1. A copyright owned by a creator, after the creator dies, shall belong to his/her beneficiary
or testamentary bequest recipient, and the copyright can not be confiscated, except if it is
obtained unlawfully.
2. A copyright, which is not or has not been announced after the creator dies, shall belong to
his/her beneficiary or testamentary bequest recipient and the copyright can not be
confiscated, except if it is obtained unlawfully.
Part Two
Creator
Article 5
1. Except if proven otherwise, that who is regarded as the creator shall be :
a. the person whose name is put on the General List of Creations at the Directorate General;
or
b. the person whose name is mentioned in the creation or is announced as the creator in a
creation.
1. Expect if proven otherwise, a speech which does not use written material and whose
creator is not announced, the speaker shall be regarded as the creator of the speech.
Article 6
When a creation consists of several separate parts created by one person or more, that who is
regarded as the creator shall be that who leads and supervises the completion of the creation as a
whole or in the absence of the said person, that who is regarded as the creator shall be that who
complies them without reducing their respective copyright on parts of the creation.
Article 7
When a creation which is designed by a person is realized and done by other person under the
leadership and control of the person designing it, the creator shall be the person designing it.
Article 8
1. When a creation is made by means of official relations with other party in the same work
place, the copyright holder shall be the party who makes the creation for and in the
interest of official duty, except if agreed upon otherwise by both parties without reducing
the rights of the creator if the use of the creation is expanded to outside the official
relations.
2. The provisions in paragraph (1) shall also apply to creations made by other party on the
basis of orders put by means of official relation.
3. When a creation is made by means of work relations or on the basis of an order, the party
making the creation shall be regarded as the creator and copyright holder, except if
agreed upon otherwise b both parties.
Article 9
When a corporate body announces that a creation originates from it without mentioning any
person as the creator, the corporate body shall be regarded as the creator, except if proven
otherwise.
Part three
Copyright on creations whose creators are anonymous
Article 10
1. The state shall hold copyrights on prehistoric and historic artifacts as well as other
national cultural article.
2. The state shall hold copyrights on folklores and people’s cultural works as common
property, such as folktale, chronicle, fable, legend, song, handicraft, choreography,
dance, calligraphy, and other art works.
3. To announce or reproduce the creations referred to in paragraph (2), persons other than
Indonesia citizens shall secure prior consent from the relevant agencies dealing with the
matter.
4. Further provisions on the copyrights of the state as referred to in this article shall be
provided for in a Government Regulation.
Article 11
1. When the creator of a creation is a anonymous and the creation is not yet published, the
State shall hold a copyright on the creation in the interest of its creator.
2. When a creation is already published but its creator is anonymous or only the pseudonym
of its creator is put on the creation, the publisher shall hold a copyright on the creation in
the interest of its creator.
3. When a creation is already published but its creator and/or publisher are/is anonymous,
the state shall a copyright on the creation in the interest of its creator.
Part Four
Protected Creations
Article 12
1. Protected creations referred to in this law shall be those in the fields of science, art and
literature covering :
a. book, computer programs, pamphlets, scientific paper’s layout and all other scientific
papers;
b. speech, lecture, address and the like;
c. audio visual made for the purpose of education and science;
d. song or music with or without text;
e. drama or musical drama, dance, choreography, puppet show and pantomime;
f. fine arts in any form, such as painting, drawing, carying, calligraphy, sculpture, collage
and applied arts;
g. architecture;
h. map;
i.
batik art;
j. photography;
k. cinematography;
l.
translation, interpretation, adaptation, anthology, database and other works as a result of
transformation,
1. The creations as referred to in letter 1 shall be protected as separate creations without
reducing copyrights on original creations.
2. The protection as referred to in paragraph (1) and paragraph (2) shall include that of all
creations which are not or have been published but have already formed a real unit
making it possible for the reproduction of the works.
Article 13
Not copyright shall be given to :
a. the result of en open meeting held by state agencies;
b. laws and regulations;
c. state-of-the-nation address or speech delivery by state officials;
d. court verdict or judge’s decision; or
e. decision taken by an arbitrary body or the like.
Part Five
Restrictions on Copyright
Article 14
Following shall not be considered as violation of copyright :
a. the announcement and/or reproduction of the state emblem and national anthem
according to their original nature;
b. the announcement and/or reproduction of anything announced and/or reproduced by or in
the name of the Government , except if the copyrights are considered protected, either by
virtue of the law and regulations or by means of the statement contained in the copyright
or when the copyright are announced and/or reproduced; or
c. the extraction of actual news stories, either wholly or partially, from news agencies,
broadcast institutions, newspaper or the like, on the stipulation that their sources shall be
quoted fully.
Article 15
Following shall not be considered as violation of copyrights, on the stipulation that their sources
are quoted,
a. the use of a creation owned by other party in the interests of education, research,
scientific writing, report writing, critical or review writing without harming the fair
interests of the creator;
b. the extraction of creation owned by other, either wholly or partially, for the purpose of
defense in or out of court;
c. the extraction of a creation owned by other party, ether wholly for the purpose of :
i.
speech merely in the interests of education and science; or
ii. show or display free of charge, on the stipulation that it does not harm the fair interests of
the creator;
a. the reproduction of a creation in the fields of science, arts, and literature in Braille in the
interests of blind people except if it designed for a commercial purpose;
b. the reproduction of a creation other than computer program in limited numbers, by
whatever way or device or similar process, by non-profit public libraries, institutes of
science or education and documentation centers merely in the interests of their activities;
c. the change made on the basis of technical considerations on architectural works, such as
building creation;
d. the making of reserve copies of a computer program by the owner of computer program
merely for personal use.
Article 16
1. In the interest of education, science as well as research and development, where creations
in the fields of science and literature are concerned, the Minister, after consulting the
copyright council ca;
a. oblige the copyright holders to translate and/or reproduce the creations themselves within
the territory of the Republic of Indonesia within a specified period of time;
b. oblige the copyright holders concerned to give a permit to other parties to translate and/or
reproduce the creations within the territory of the Republic of Indonesia within a
specified period of time in case the copyright holders concerned do not fulfill the
obligation as referred to in latter a themselves;
c. appoint other parties to translate and/or reproduce the creations in case the copyright
holders do not fulfill the obligation as referred to in letter b.
1. The obligation to translate the creations as referred to in paragraph (1) shall be carried out
after a period of 3 (three) years starting the publication of the creation in fields of science
and literature, provided that the works have not yet been translated into the Indonesian
language.
2. The obligation to reproduce the creation as referred too in paragraph (1) shall be carried
out after :
a. a period of 3 (three) years starting the publication of books in the fields of mathematics
and exact science, provide that the books have never been reproduced in the territory of
the Republic of Indonesia;
b. a period of 5 (five) years starting the publication of books in the field of social science,
provided that the books have never been reproduced in the territory of the Republic of
Indonesia;
c. a period of 7 (seven) years starting the announcement of book in the fields of arts and
literature, provided that the books have never been reproduced in the territory of the
Republic of Indonesia.
1. The translation or reproductions as referred to in paragraph (1) can only be intended for
domestic use within the territory of the Republic of Indonesia and not for export.
2. The implementation of previsions in paragraph (1) letter b and letter c shall be
accompanied with the provision of a Presidential Decree.
3. The procedures for applying for a permit to translate and/or reproduce the creations as
referred to in paragraph (1), paragraph (2), paragraph (3) and paragraph (4) shall be
further provided for in a Presidential Decree.
Article 17
The government shall be the announcement of any creation which is against the government
policies in the fields of religion, state defense and security, ethics, and law and order after
consulting the copyrights council.
Article 18
1. The government can announce a creation in the interests of the nation through radios,
televisions and /or other means without asking for a permit from the copyright holder, on
the stipulation that the announcement does not harm the fair interests of the copyright
holder and accordingly, the copyright holder is given fair recompense.
2. The broadcast institutions announcing the creation as referred to in paragraph (1) have
the authority to perpetuate creation merely in the interests of the broadcast institution
themselves, on the stipulation that for further broadcast the broadcast institution shall
give fair recompense to the copyright holder concerned.
Part Six
Copyright on Portraits
Article 19
1. To reproduce or announce has/her creation, the holder of a copyright on the portrait of a
person shall secure prior consent from the person portrayed or his/her beneficiary within
a period of 10 (ten) years after the person portrayed died.
2. To reproduce or announce the portrait of each person in the portrait containing the picture
of 2 (two) persons or more in case the announcement or reproduction of the portrait also
contains the picture of other person, the copyright holder shall secure prior consent from
each person in the portrait or his/her beneficiary within a period of 10 (ten) years after the
person portrayed died.
3. Provision in this article shall only apply to the portraits made :
a. upon the request of the person portrayed;
b. upon the request filed in the name of the person portrayed; or
c. in the interest of the person portrayed.
Article 20
The holder of a copyright on a portrait shall not be allowed to announce a portrait he/she has
made :
a. without consent from the person portrayed;
b. without consent form other person in the name of the person portrayed; or
c. not in the interest of the person portrayed,
if the announcement is against the fair interests of the person portrayed, or those of one of his/her
beneficiaries when the person portrayed has died.
Article 21
The act of taking a picture of one person or more in a public show no matter it is commercial for
the purpose of announcement, shall not be considered as violation of a copyright except where
the interested person stipulates otherwise.
Article 22
In the interests of public security and/or for the purpose of criminal court session, the portrait of
a person in any form also be reproduced and announced by the authorized agency.
Article 23
Except if there is other agreement between the copyright holder and the owner of a photograph,
painting, drawing, architectural work, sculpture and/or other works of arts, the owner, without
approval from the copyright holder, shall be entitled to display the creation in a public exhibition
or reproduce it in a catalog without reducing provisions in article 19 and article 20, if the work of
art is in the form of portraits.
Part Seven
Moral Rights
Article 24
1. A creator or his/her beneficiary shall be entitled to demand that the copyright holder put
the name of the creator in his/her creation.
2. A creation can not be changed even if the copyright on it has been transferred to other
party, except if there is approval from the creator or hid/her beneficiary when the creator
dies.
3. Provision in paragraph (2) shall also apply to a change in the title and sub-title of a
creation the inclusion of and a change in the name of pseudonym of the creator
4. A creator shall remain entitled to change his/her creation in conformity with the social
morality.
Article 25
1. Electronic information on managerial information to which a creator is entitled shall bot
be annulled or changed.
2. Further provisions needed to implement provisions in paragraph (1) shall be provider for
in a Government Regulation.
Article 26
1. A copyright on a creation shall remain in the hands of the creator as long as the copyright
on the creation is not wholly transferred to the buyer of the copyright.
2. The copyright sold wholly or partially can not be resold by the same seller.
3. In the event of a dispute among several buyers of the same copyright on a creation,
protection shall be given to the first buyer acquiring the copyright.
Part Eight
Technological Control Means
Article 27
Except if there is permit from its creator technological control means used for safeguarding the
rights of a creator can not lawfully be destroyed, annulled, or malfunctioned.
Article 28
1. Creations using high technology production means, particularly in the fields of optical
disc, shall meet all licensing regulations and production requirements stipulated by the
authorized agency.
2. Further provisions on high technology production means for the manufacture of optical
disc as referred to in paragraph 91) shall be provided for in a Government Regulation.
CHAPTER III
TEE VALIDITY PERIOD OF COPYRIGHT
Article 29
1. Copyrights on such creations as :
a. book, pamphlet and all other scientific works;
b. drama or musical drama, dance, choreography;
c. any form of line arts, such as painting and sculpture;
d. batik art;
e. song or music with or without text;
f. architecture;
g. speech, lecture, address and the like;
h. audio visual;
i.
map;
j. translation, interpretation, adaptation and anthology shall be valid during the life time of
their creators and shall continue to be valid up to 50 (fifty) years after the creators died.
1. copyrights on the creations as referred to in paragraph (1) owned by 2 (two) people or
more, shall be valid during the life time of the creators who last die and shall continue to
be valid up to 50 (fifty) years thereafter.
Article 30
1. Copyrights on such creations as :
a. computer program;
b. cinematography;
c. photography;
d. database;
e. works as a result of transformation, shall be valid for 50 (fifty) years after thy are for the
first time announced.
1. Copyright on the layout of the published scientific papers shall be valid 50 (fifty) years
after they are for the first time published.
2. Copyright on the creations as referred to in paragraph (1) and paragraph (2) of this article
as well as article 29, paragraph (1) owned or held by a corporate body shall be valid for
50 (fifty) years after they are for the first time announced
Article 31
1. Copyright on the creators held or done by the state on the basis of :
a. article 10, paragraph (2) shall be valid timelessly;
b. article 11, paragraph (1) and paragraph (3) shall be valid for 50 (fifty) years after the
creations are for the first time made public.
1. Copyright on the creations done by publishers on the basis of article 11, paragraph (2)
shall be valid for 50 (fifty) years after the creations are for the first time published
Article 32
1. The validity period of copyrights on the creations announced part by part shall start form
the announcement date of the last part.
2. In determining the validity period of copyrights on the creations consisting of 2 (two)
volumes or more , as well as summaries and news announced periodically and at different
time, each of the volumes or summaries and news shall be considered as a separate
creation.
Article 33
The period of time for protecting the rights of creators as referred to in :
a. article 24, paragraph (1) shall be valid timelessly;
b. article 24, paragraph (2) and paragraph (3) shall be valid during the validity period of
copyrights on the creations concerned, with the exception of the inclusion of and a
change in the name or pseudonym of their creators.
Article 34
Without reducing the rights of a creator to the period of time for protecting a copyright starting
the birth of a creation, the period of time for protecting a protected copyright shall cover :
a. 50 (fifty) years;
b. the life time of the creator and shall continue up to 50 (fifty) years after the creator dies,
starting on January 1 in the ensuing year after the creation is announced, made public,
published, or after the creator dies.
CHAPTER IV
REGISTRATION OF CREATION
Article 35
1. The Decorate General shall register creations by putting them on the General List of
Creations.
2. Any person can watch the general list of creation free of charge.
3. Any person can have an excerpt from the general list of creations for his/her own
interests by paying fees.
4. The provisions on the registration of creations as referred to in paragraph (1) shall not
constitute the obligation to get a copyright.
Article 36
The registration of a copyright in the General List of Creation shall not amount to the approval of
content, meaning aim or form of the creation registered
Article 37
1. The registration of a creation in the general list of creations shall be done upon the
request of the creator, the copyright holder or his/her proxy.
2. The request shall be filed to the Directorate General using a letter in duplicate written in
the Indonesia language, complete with a sample of the creation or its substitute, by
paying fees.
3. After receiving the request as referred to in paragraph (1) the Directorate General shall
issue a decision no later than 9 (nine) months after the request is received in a complete
manner.
4. The proxy as referred to in paragraph (1) shall be the consultant registered at the
Directorate General.
5. The requirements and procedures for appointing and registering the consultant as referred
to in paragraph (4) shall be further laid down in a Government Regulation.
6. Further requirements and procedures for filling a request for the registration of a creation
in the General List of Creations shall be laid down in a Presidential Decree.
Article 38
In case a request is filed by more than one persons or corporate bodies jointly entitled to a
creation, the request shall be complete with an official copy of the certificate proving the
existence of the right.
Article 39
The general list of creation shall contain, among others :
a. names of creators and copyright holders;
b. receipt dates of requests;
c. dates for completing the requirements pursuant to article 37; and
d. registry numbers of creations.
Article 40
1. The registration off a creation shall be considered as being done at time when a request is
received by the Directorate General in a complete way pursuant to article 37, or at the
when a request is received in a complete way pursuant to article 37 and article 38, if the
request is filed by more than one persons or a corporate body as referred to in article 38.
2. The registration as referred to in paragraph (1) shall be announced in an official report of
creations by the directorate general.
Article 41
1. The transfer of the right to the registration of a creation registered pursuant to article 39
in one number shall be allowed, if the right to the whole the creation registered is
transferred to the recipient of the right.
2. The transfer of the right shall be registered in the General List of Creation upon the
written request of both sides or of the recipient of the right by paying fees.
3. The registration of the transfer of the right shall be announced in the Official Report of
Creations by the Directorate general.
Article 42
When a creation is registered pursuant to article 37, paragraph (1) and paragraph (2) as well as
article 39, the other party who pursuant to article 2 is entitled to a copyright can file a
cancellation suit to a Commercial Court.
Article 43
1. A change in the name and/or address of the person or corporate body registered in
General List of Creations as a creator or copyright holder shall be registered in General
List of Creations upon the written request of the creator or copyright holder who has the
said name and address by paying fees.
2. The change in the name and/or address shall be announced in the official report of
creation by Directorate General.
Article 44
The legal strength of the registration of a creation shall be annulled due to :
a. the request of the person or corporate body whose name is registered as a creator or
copyright holder;
b. the passage of time as referred to in article 29, article 30, article 31 with due observance
of article 32;
c. the court verdict with irrevocable legal strength declaring it null and void.
CHAPTER V
LICENSES
Article 45
1. A copyright holder shall be entitled to give a license to other party based on a license
agreement to carry out the activities as referred to in article 2
2. Except where an agreement stipulate otherwise, the scope of license as referred to in
paragraph (1) covering all the activities as referred to in article 2 shall last within a period
of time during which the license is given and shall be valid for the whole territory of the
Republic of Indonesia.
3. Except where an agreement stipulates otherwise, the activities as referred to in paragraph
(1) and paragraph (2) shall be carried out by requiring the license recipient to give
royalties to the copyright holder.
4. The amount of royalties given by the license recipient to the copyright holder shall based
on an agreement between the two sides by paying attention to the agreement reached by
the professional organization.
Article 46
Except where an agreement stipulates otherwise, a copyright holder shall constantly be allowed
to carry out the activities as referred to in article 2 himself/herself or give a license to a third
party to do so.
Article 47
1. A license agreement shall be prohibited to carry provisions that may have an adverse
impact on the Indonesia economy or provisions that may lead to unsound business
competition as provided for in the existing laws and regulations.
2. A license agreement shall be registered at the Directorate General so that it will have a
legal impact on the third party.
3. The Directorate General shall reject any application for the registration of a license
agreement carrying the provisions as referred to in paragraph (1)
4. Further provisions on the registration of a license agreement shall be provided for in a
Presidential Decree.
CHAPTER VI
THE COPYRIGHT COUNCIL
Article 48
1. To assist the Government in providing copyright counseling, guidance and development
services, a copyright council shall be formed.
2. The membership of the copyright council shall comprise representatives from the
government, professional organization and the community, who are competent in the
field of copyrights, and are appointed and dismissed upon the request of the Minister.
3. Further provision on the task, function, organizational structure, work mechanism,
financing and tenure of the copyright council shall be provided for in a government
regulation.
4. The expenses incurred by the copyright council as referred to in paragraph (3) shall be
the budget of the ministry in charge of developing intellectual property rights.
CHAPTER VII
RELATED RIGHTS
Article 49
1. An agent shall hold exclusive rights to license or prohibit other parties, without his/her
approval, to make, reproduce or broadcast his/her sound recording and/or their picture
directives.
2. A sound recording producer shall hold exclusive rights to license or prohibit other parties,
without his/her approval, to reproduce and/or rent his/her sound or voice recording
works.
3. A broadcast institution shall have exclusive rights o license or prohibit other parties,
without his/her approval , to make , reproduce, and/or rebroadcast works through
transmission with or without cable, or trough other electromagnetic system.
Article 50
1. The period of time for protecting :
a. agents shall cover 50 (fifty) years after the works are for the first time showed or put in
the audio media or audio visual media;
b. sound recording producers shall cover 50 (fifty) years after the recording works have
been completed;
c. broadcast institution shall cover 20 (twenty) years after the broadcast work are for the
firsts time broadcast.
1. The period of time for the protection as referred to in paragraph (1) shall start on January
1 of the ensuing year after :
a. the show works have been completed or put in the audio media or audio visual media;
b. the sound recording works have been completed;
c. the broadcast works have been for the first time completed.
Article 50
The provisions in Article 3, Article 4, Article 5, Article 6, Article 7, Article 8, Article 9, Article
10, Article 11, Article 14 letter b and letter c, Article 15, Article 17, Article 18, Article 24,
Article 25, Article 26, Article 27, Article 28, Article 35, Article 36, Article 37, Article 38, Article
39, Article 40, Article 41, Article 42, Article 43, Article 44, Article 45, Article 46, Article 47,
Article 48, Article 52, Article 53, Article 54, Article 55, Article 56, Article 57, Article 58, Article
59, Article 60, Article 61, Article 62, Article 63, Article 64, Article 65, Article 66, Article 68,
Article 69, Article 70, Article 71, Article 74, Article 75, Article 76 and Article 77 shall apply
mutatis mutandis to related rights.
CHAPTER VIII
THE MANAGEMENT OF COPYRIGHTS
Article 52
The directorate general shall be responsible for the administration of copyright as referred to in
this law.
Article 53
The directorate general shall organize a nationwide copyright documentation and information
networks system capable of providing as much information as possible on copyright to the
public.
CHAPTER IX
FEES
Article 54
1. Anybody applying for the registration of copyright, excepts from the general list of
copyrights, the registration of transfer of a copyright, the registration of change in name
and/or address, the registration of a license agreement, the registration of a compulsory
license, and others provided for in this law shall be liable to fees the amount of which is
set on the basis of a Government Regulation.
2. Further provisions on requirements, a period of time, and procedures for paying fees as
referred to in paragraph (1) shall be provided for in a Presidential Decree.
3. The Directorate General, with approval from the Minister and the Minister of Finance,
can use proceeds from the receipt of fees as referred to in paragraph (1) and paragraph (2)
within the framework of the existing laws and regulations.
CHAPTER X
THE SETTLEMENT OD DISPUTES
Article 55
The transfer of a copyright on the whole creation to other party shall not reduce the right of the
creator or his/her beneficiary to file a lawsuit against the other party who, without his/her
approval,
a. omits the name of the creator contained in the creation;
b. puts the name of the creator on the creation;
c. replaces or changes he title of the creations or
d. alter the content of the creation.
Article 56
1. A copyright holder shall be entitled to tile a compensation suit to a commercial court
against violation of his/her copyright and ask for the confiscation of the item announced
or the result of the reproduction of the creation.
2. A copyright holder shall also be entitled to apply to a commercial court to order the
transfer of the whole or part of income earned from the holding of a speech, scientific
meeting, show or exhibition as a result of violation of a copyright.
3. Before issuing a final decision and to avoid further losses the party having his/her right
violated, a judge can instruct the violator to stop the announcement and/or reproduction
of a certain or the item resulting from the violation of a copyright.
Article 57
The rights of a copyright holder as referred to in article 56 shall not apply to creation in the
hands of parties who good intention have acquired the creation merely for personal use rather
than for a commercial purpose and/or in the interest of commercial activity.
Article 58
The creator or beneficiary of a creation can file a compensation suit against the violation as
referred to in article 24.
Article 59
The suit as referred to in Article 55, Article 56 and Article 58 shall be decided within a 90
(ninety) day’s grace starting the registration of the suit at the commercial court concerned.
Article 60
1. A suit against violation of a copyright shall be filed to the chief of a commercial court.
2. The clerk of the commercial court shall register the suit as referred to in paragraph (1) on
the date when the suit is filed and plaintiff shall be given a written receipt signed by the
authorized official and bearing the same date as the registration of the suit.
3. The clerk of the commercial court shall submit the suit to the chief of the commercial
court no later than 2 (two) days after the registration of the suit.
4. No later than 3 (three) days after the registration of the suit, the commercial court shall
study the suit and set the date for a court session.
5. An inquiry into the suit shall start no later than 60 (sixty) days after the registration of the
suit.
Article 61
1. A confiscator shall serve a summons on the parties concerned no later than 7 (seven) days
after the registration of the suit.
2. A decision on the suit shall be read no later than 90 (ninety) days after the registration of
the suit and can be extended no later than 30 (thirty) days with approval from the
chairman of the supreme court
3. A decision on the suit as referred to in paragraph (2) containing legal considerations
underlying the decision shall be read in a court session open to the public and if
requested, can be done first despite legal attempts to challenge the decision.
4. A confiscator shall hand down the content of the commercial court’s decision as referred
to in paragraph (3) to the parties concerned no later than 14 (fourteen) days after the
decision on the suit is read.
Article 62
1. Only an appeal against the commercial court’s decision as referred to in article 61
paragraph (4) can be filed.
2. The appeal as referred to in paragraph (1) shall be filed no later than 14 (fourteen) days
after the date when the decision against which the appeal is filed is read or made known
to the parties concerned by registering it with the court deciding the suit.
3. The clerk of court shall register the appeal on the date when it is filed and the applicant
for the appeal shall be given a written receipt signed by the clerk of court using the same
date as receipt of the registration.
Article 63
1. An applicant for appeal shall submit memory of appeal to the clerk of court no latter than
14 (fourteen) days after the registration date of the appeal as referred to in Article 62
paragraph (2)
2. The clerk of court shall convey the application for appeal and the memory of appeal as
referred to in paragraph (1) to the party the appeal against which the appeal is filed no
later than 7 (seven) days after the appeal is received by the clerk of court.
3. The party against which the appeal is filed can file a contra memory of appeal to the clerk
of court no later than 14 (fourteen) days after the date when the party against which the
appeal is filed receives the memory of appeal as referred to in paragraph (2) and the clerk
of court shall convey the contra memory of appeal to the applicant for appeal no later
than 7 (seven) days after the contra memory of appeal is received by the clerk of court.
4. The clerk of court shall convey the dossiers of appeal case concerned to the supreme
court no later than 14 (fourteen) days after the passage of time as referred to in paragraph
(3)
Article 64
1. The supreme court shall study the dossiers of appeal case and set the date of a court
session no later than 7(seven) days after receiving the appeal
2. An inquiry into an appeal shall start no later than 60 (sixty) days after the supreme court
receives the appeal.
3. A decision on an appeal shall be read no later than 90 (ninety) days after supreme court
receives the appeal
4. A decision on an appeal as referred to in paragraph (3) containing complete legal
considerations underlying the decision shall be read in a court session open to the public.
5. The clerk of supreme court shall convey a copy of the decision on appeal to the clerk of
court no later than 7 (seven) days after the decision on appeal is read
6. A confiscator shall convey a copy of the decision on appeal as referred to in paragraph
(5) to the applicant for appeal and the party against which the appeal is filed no later than
7 (seven) days after the clerk of court receives the decision on appeal.
Article 65
In addition to the settlement of dispute as referred to in article 55 and article 56, the parties
concerned can settle the disputes through an arbitrary body or dispute settlement alternatives.
Article 66
The rights to file a suit referred to in article 55, article 65 and article 65 shall not reduce the
rights of the state to file criminal proceeding against violation of copyrights.
CHAPTER XI
PROVISIONAL COURT STIPULATION
Article 67
Upon the request of the party whose interest are adversely affected, a commercial court can issue
an immediate decision which is effective to :
a. prevent further violation of a copyright, particularly the entry of goods believed to have
violated a copyright or related right into the trade chain, including the import of the
goods;
b. keep evidence of violation of a copyright or related right to prevent the disappearance of
evidentiary materials;
c. ask the party whose interests are adversely affected to provide evidence that the party is
really entitled to a copyright or related right, and the rights of the applicant are really
being violated.
Article 68
In case the provisional court stipulation has been issued, the parties shall be immediately
informed of the matter, including the rights to be heard for the parties subject to the provisional
stipulation.
Article 69
1. In case the judge of a commercial court has issued a provisional court stipulation the
judge of a commercial court shall decide whether he/she will change, cancel or strengthen
the stipulation as referred to in Article 67, latter a and latter b no later than 30 (thirty)
days after the issuance date of the provisional court stipulation.
2. If within a period of 30 (thirty) days the judge does not implement the provisions in
paragraph (1), the provisional court stipulation shall have no legal strength.
Article 70
In case the provisional court stipulation is canceled, the party whose interests are adversely can
file a compensation suit to the party applying for the provisional court stipulation.
CHAPTER XII
INVESTIGATION
Article 71
1. Besides investigation of the Police of the Republic of Indonesia, certain civil servants of
the ministry whose tasks and responsibilities cover the development of intellectual
property rights shall be given special authority as investigators as referred to in law No
8/1981 on criminal codes to conduct investigation into criminal offenses in the field of
copyrights.
2. The investigators as referred to in paragraph (1) shall be authorized to :
a. probe the truth of a report or information related to a criminal offense in the field of
copyright;
b. probe parties or corporate bodies believed to have committed a criminal offense in the
field, of copyright;
c. ask for information from parties or corporate bodies in connection with a criminal offense
in the field of copyright;
d. audit financial accounts, records and other documents related to a criminal offense in the
fields of copyright;
e. investigate a certain place believed to have been used for keeping financial accounts,
records and other documents;
f. cooperate with the police in confiscating materials and goods resulting from violation of
a copyright that may serve as evidence of a criminal offense in the field of copyright;
g. ask for expert help to investigate criminal offenses in the field of copyright.
1. The investigation as referred to in paragraph (1) shall inform the investigators of the
Police of the Republic of Indonesia about the start of an investigation and the result of
investigation in accordance with Law No 8/1981 on criminal codes.
CHAPTER XIII
CRIMINAL PROVISIONS
Article 72
1. Anybody who deliberately and unrightfully referred to in Article 2, paragraph (1) or
Article 49 paragraph (1) and paragraph (2) shall be sentenced to a minimum of 1 (one)
month in jail each and/or be fined a minimum of Rp 1.000.000 (one million rupiahs), or
be sentenced to a maximum of 7 (seven) years in jail and/or fines a maximum of
Rp.5000.000.000 (five billion rupiahs)
2. Anybody who deliberately broadcast, display, circulates, sells to the public a creation or
items resulting from violation of copyright or related as referred to in paragraph (1) shall
be sentenced to maximum of 5 (five) years in jail and/or be fined a maximum of
Rp.500.000.000 (five million rupiahs)
3. Anybody who deliberately and unrightfully reproduces a computer program for a
commercial purpose shall be sentenced to maximum of 5 (five) years in jail and/or be
fined a maximum of 500.000.000 (five hundred million rupiahs)
4. Anybody who deliberately violates article 17 shall be sentenced to a maximum of 5 (five)
years in jail and/or be fined a maximum of Rp. 1.000.000.000 (one billion rupiahs)
5. Anybody who deliberately violates article 1i, article 20, or article 49 paragraph (3) shall
be sentenced to maximum of 2 (two) years in jail and/or be fined a maximum of Rp.
150,000,000 (one hundred and fifty million rupiahs)
6. Anybody who deliberately and unrightfully violates article 24 or article 55 shall be
sentenced to a maximum of 2 (two) years in jail and/or be fines a maximum of Rp.
150,000,000 (one hundred and fifty million rupiahs)
7. Anybody who deliberately and unrightfully violates article 25 shall be sentenced to a
maximum of 2 (two) years in jail and/or be fined a maximum of Rp. 150,000,000 (one
hundred and fifty million rupiahs)
8. Anybody who deliberately and unrightfully violates article 27 shall be sentenced to a
maximum of 2 (two) years in jail and/or be fines a maximum of Rp. 150,000,000 (one
hundred and fifty million rupiahs)
9. Anybody who deliberately violates article 28 shall be sentenced to a maximum of 5 (five)
years in jail and/or be fines a maximum of Rp. 1,500,000,000 (one billion five hundred
million rupiahs)
Article 73.
1. A creation or item resulting from a criminal offense in the field of copyright or related
right as well as devices used to commit the criminal offense shall be confiscated by the
state to be destroyed.
2. The creation s referred to in paragraph (1) in the field of art which is unique can be
considered no to be destroyed.
CHAPTER XIV
TRANSITIONAL PROVISIONS
Article 74
With the enforcement of this law, all laws and regulations in the field of copyrights which have
already existed on the enforcement date of this law, shall remain valid, provided that they are not
against this law or have not been replaced with the new ones on the basis of this law.
Article 75
The decisions on the registration of creation already issued by the Directorate General on the
basis of law NO c/1982 on copyrights as has been amended by law No. 7/1987 and the latest by
law No. 12/1997, which are still valid at the time when this law is promulgated, shall remain
valid during the remaining period of time for the protection of the creations.
CHAPTER XV
CONCLUSION
Article 76
This law shall apply to :
a. all creations of Indonesian citizen, people and corporate bodies;
b. all creations of non Indonesian citizen, non Indonesian people, and non Indonesian
corporate bodies whish are for the first time announced in Indonesia;
c. all creations of non Indonesian citizen, non Indonesian people, and non Indonesia
corporate bodies, on the stipulation that.
i.
their country signs a bilateral agreement with the Republic of Indonesia on the protection
of copyright;
ii. their country and the Republic of Indonesia are parties or signatories to the same
multilateral agreement on the protection of copyrights.
Article 77
With the enforcement of this law, law No 6/1987 on copyrights as has been amended by law No
7/1987 and latest by law No 12/1997 shall be declared null and void.
Article 78
This law shall begin to take effect 12 (twelve) months after the date of promulgation
For public cognizance, this law shall be promulgated by placing it in the Statute Book of the
Republic of Indonesia
Validated in Jakarta
On July 29, 2002
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Sgd
MEGAWATI SOEKARNOPUTRI
Promulgated in Jakarta
On July 29, 2002
THE STATE SECRETARY
sgd
BAMBANG KESOWO
STATE BOOK OF THE REPUBLIC OF INDONESIA OF 2002 NO 85
ELUCIDATION
OF
LAW NO 19/2002
ON COPYRIGHTS
I. GENERAL
As an archipelagic country, Indonesia is very rich in arts and culture. This is in line with
a diversity of ethnic groups and religions all of which constitute national potencial which
need to be protected. The art and culture wealth is one of the sources of intellectual works
which can and need be protected by law. The wealth is not merely for the arts and culture
themselves but also can be used to increase capability in the fields of trade and industry
by involving their creators. As such, the protected art and cultural wealth can promote not
only the welfare of their creators but also that the country and nation.
Indonesia has taken part in international organization by becoming a member of the
Agreement Establishing the World Trade Organization which also cover agreement on
Trade Relation Aspects of Intellectual Property Rights (TRIPs) through law No 7/1994 in
addition, Indonesia has also ratified the Berne Convention for the Protection of Artistic
and Literary Works through Presidential Decree No 17/1997 and World Intellectual
Property Organization Copyrights Treaty (WT) through Presidential Decree No 19/1997.
To data Indonesia has law No 6/1982 on copyright as has been amended by law No
7/1987 and the latest by law No 12/1997, hereinafter referred to be copyrights law.
Although through the amendment several other provision need to be improves to protect
intellectual works in the field of copyrights, including efforts to encourage the
development of intellectual works originating from the aforementioned art and culture
wealth. From the several conventions in the fields of intellectual Property Rights referred
to above, there are several provisions which art worth using. In addition we need to
distinguish the position of copyrights from that of related rights in order to give clearer
protect
ON
COPY RIGHTS
BY THE GRACE OF GOD ALMIGHTY,
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Considering :
a. that Indonesia is the country which has ethnic/ racial and cultural diversity and is rich in
the arts and literature the development of which requires the protection of copyrights on
intellectual property resulting from the diversity;
b. that Indonesia is a signatory to a number of international convention/ agreement in the
field of intellectual property rights in general and copyrights in particular so that it is
necessary to translate them into the national legal system;
c. that developments in the field of trade, agriculture and investment have grown so rapidly
that it is necessary to increase the protection of creators and related rights holders by
constantly paying attention to the interests of general public;
d. that in view of experience in implementing the law on copyrights, it is necessary to enact
a new law on copyrights in lieu of law No. 6/1982 on copyrights as has been amended by
law No 7/1987 and the latest by law No 12/1997;
e. that based on the considerations in letters a, b, c and d law on copyrights is needed.
In view of :
1. Article 5, paragraph (1), article 20, paragraph (1), article 28 C, paragraph (1) and article
33 of the 1945 Constitution;
2. Law No. 7/1994 on the Ratification of the Agreement Establishing the World Trade
Organization (Statute Book of 1994 No 57, Supplement to Statute Book No 3564)
With the approval of
THE HOUSE OF REPRESENTATIVES OF
THE REPUBLIC OF INDONESIA
DECIDES :
To stipulate
LAW ON COPYRIGHTS.
CHAPTER 1
GENERAL PROVISIONS
Article 1
Referred to in this Law as :
1. Copyrights shall be the exclusive right of a creator or right recipient to announce or
reproduce his/her creation or give a licenses to hat effect without reducing restrictions
within the framework of the existing laws and regulation.
2. Creator shall be a person or group of person who upon his/her/their aspiration, produce
(s) a creation based on thoughts, imagination, dexterity, skill, or expertise translated into
typical and personal work.
3. Creation shall be any work of a creator which shows originality in the field of science, art
or literature.
4. Copyright holder shall be a creator as a copyrights owner, or other party receiving he
right from the creator, r other party receiving further the right from the other party
receiving the right.
5. Announcement shall be the reading, broadcast, display, sale, circulation or dissemination
of a creation using whatever means, including the internet or through whatever activity to
enable other persons to read, hear or see it.
6. Reproduction shall be an act of increasing the number of a creation, either the whole or
very substantial part of it, using similar or different materials, including transforming it
permanently or temporarily.
7. Portrait shall be the picture of the face a person portrayed, including or excluding other
parts of the body, using whatever way and means.
8. Computer program shall be a set of instruction created in the form of language, code,
diagram, or the like which, if combined with the media that can be read by a computer
will make the computer work to carry out special functions or achieve special result,
including preparations for designing the instructions.
9. Related right shall be the right related to a copyright, namely the exclusive right of an
agent to reproduce or broadcast his/her show; of a sound recording producer to reproduce
or rent his/her sound recording work or voice recording; and of a broadcast institution to
produce, reproduce or broadcast work.
10. Agent shall be an actor, singer, musician, dancer or anybody displaying, demonstrating,
showing, singing, presenting, declaiming, or playing a musical, drama, dance, literature,
folklore, etc, work.
11. Sound recording producer shall be a person or corporate body that for the first time
records and is responsible for recording sound or voice, either sound or voice from a
show or other sound or voice,
12. Broadcast institution shall be a broadcast operator in the form of corporate body that
broadcasts a broadcast work using transmission with or without cable or through an
electromagnetic system.
13. Request shall be an application filed by an applicant to the Directorate General for the
registration of a copyright.
14. License shall be a permit given by a copyright holder or related right holder to other party
to announce and/or reproduce his/her creation or product of a related right under certain
terms.
15. Proxy shall be an intellectual property right consultant as provided for in this law.
16. Minister shall be the Minister who leads a ministry one of which tasks and
responsibilities covers the developments of intellectual property rights, including
copyrights.
17. The Directorate General shall be the Directorate General of intellectual Property Rights
under the preview of the ministry led by the Minister.
CHAPTER II
SCOPE OF COPYRIGHT
Part one
Function and Nature of Copyright
Article 2
1. A copyright shall be the exclusive right of a creator or copyright holder to announce or
reproduce his/her creation arising automatically after a creation has come into being,
without reducing restrictions within the framework of the existing law and regulations.
2. The creator or copyright holder of a cinematographis work and computer program shall
have the right to permit or prohibit other person without his/her consent, to rent the
creation for commercial purpose.
Article 3
1. A copyright shall be regarded as movable article.
2. A copyright can naturally or deliberately be transferred, either wholly or partially, due to
:
a. inheritance;
b. grant;
c. testamentary bequest;
d. written agreement; or
e. other causes justified by the existing laws and regulations.
Article 4
1. A copyright owned by a creator, after the creator dies, shall belong to his/her beneficiary
or testamentary bequest recipient, and the copyright can not be confiscated, except if it is
obtained unlawfully.
2. A copyright, which is not or has not been announced after the creator dies, shall belong to
his/her beneficiary or testamentary bequest recipient and the copyright can not be
confiscated, except if it is obtained unlawfully.
Part Two
Creator
Article 5
1. Except if proven otherwise, that who is regarded as the creator shall be :
a. the person whose name is put on the General List of Creations at the Directorate General;
or
b. the person whose name is mentioned in the creation or is announced as the creator in a
creation.
1. Expect if proven otherwise, a speech which does not use written material and whose
creator is not announced, the speaker shall be regarded as the creator of the speech.
Article 6
When a creation consists of several separate parts created by one person or more, that who is
regarded as the creator shall be that who leads and supervises the completion of the creation as a
whole or in the absence of the said person, that who is regarded as the creator shall be that who
complies them without reducing their respective copyright on parts of the creation.
Article 7
When a creation which is designed by a person is realized and done by other person under the
leadership and control of the person designing it, the creator shall be the person designing it.
Article 8
1. When a creation is made by means of official relations with other party in the same work
place, the copyright holder shall be the party who makes the creation for and in the
interest of official duty, except if agreed upon otherwise by both parties without reducing
the rights of the creator if the use of the creation is expanded to outside the official
relations.
2. The provisions in paragraph (1) shall also apply to creations made by other party on the
basis of orders put by means of official relation.
3. When a creation is made by means of work relations or on the basis of an order, the party
making the creation shall be regarded as the creator and copyright holder, except if
agreed upon otherwise b both parties.
Article 9
When a corporate body announces that a creation originates from it without mentioning any
person as the creator, the corporate body shall be regarded as the creator, except if proven
otherwise.
Part three
Copyright on creations whose creators are anonymous
Article 10
1. The state shall hold copyrights on prehistoric and historic artifacts as well as other
national cultural article.
2. The state shall hold copyrights on folklores and people’s cultural works as common
property, such as folktale, chronicle, fable, legend, song, handicraft, choreography,
dance, calligraphy, and other art works.
3. To announce or reproduce the creations referred to in paragraph (2), persons other than
Indonesia citizens shall secure prior consent from the relevant agencies dealing with the
matter.
4. Further provisions on the copyrights of the state as referred to in this article shall be
provided for in a Government Regulation.
Article 11
1. When the creator of a creation is a anonymous and the creation is not yet published, the
State shall hold a copyright on the creation in the interest of its creator.
2. When a creation is already published but its creator is anonymous or only the pseudonym
of its creator is put on the creation, the publisher shall hold a copyright on the creation in
the interest of its creator.
3. When a creation is already published but its creator and/or publisher are/is anonymous,
the state shall a copyright on the creation in the interest of its creator.
Part Four
Protected Creations
Article 12
1. Protected creations referred to in this law shall be those in the fields of science, art and
literature covering :
a. book, computer programs, pamphlets, scientific paper’s layout and all other scientific
papers;
b. speech, lecture, address and the like;
c. audio visual made for the purpose of education and science;
d. song or music with or without text;
e. drama or musical drama, dance, choreography, puppet show and pantomime;
f. fine arts in any form, such as painting, drawing, carying, calligraphy, sculpture, collage
and applied arts;
g. architecture;
h. map;
i.
batik art;
j. photography;
k. cinematography;
l.
translation, interpretation, adaptation, anthology, database and other works as a result of
transformation,
1. The creations as referred to in letter 1 shall be protected as separate creations without
reducing copyrights on original creations.
2. The protection as referred to in paragraph (1) and paragraph (2) shall include that of all
creations which are not or have been published but have already formed a real unit
making it possible for the reproduction of the works.
Article 13
Not copyright shall be given to :
a. the result of en open meeting held by state agencies;
b. laws and regulations;
c. state-of-the-nation address or speech delivery by state officials;
d. court verdict or judge’s decision; or
e. decision taken by an arbitrary body or the like.
Part Five
Restrictions on Copyright
Article 14
Following shall not be considered as violation of copyright :
a. the announcement and/or reproduction of the state emblem and national anthem
according to their original nature;
b. the announcement and/or reproduction of anything announced and/or reproduced by or in
the name of the Government , except if the copyrights are considered protected, either by
virtue of the law and regulations or by means of the statement contained in the copyright
or when the copyright are announced and/or reproduced; or
c. the extraction of actual news stories, either wholly or partially, from news agencies,
broadcast institutions, newspaper or the like, on the stipulation that their sources shall be
quoted fully.
Article 15
Following shall not be considered as violation of copyrights, on the stipulation that their sources
are quoted,
a. the use of a creation owned by other party in the interests of education, research,
scientific writing, report writing, critical or review writing without harming the fair
interests of the creator;
b. the extraction of creation owned by other, either wholly or partially, for the purpose of
defense in or out of court;
c. the extraction of a creation owned by other party, ether wholly for the purpose of :
i.
speech merely in the interests of education and science; or
ii. show or display free of charge, on the stipulation that it does not harm the fair interests of
the creator;
a. the reproduction of a creation in the fields of science, arts, and literature in Braille in the
interests of blind people except if it designed for a commercial purpose;
b. the reproduction of a creation other than computer program in limited numbers, by
whatever way or device or similar process, by non-profit public libraries, institutes of
science or education and documentation centers merely in the interests of their activities;
c. the change made on the basis of technical considerations on architectural works, such as
building creation;
d. the making of reserve copies of a computer program by the owner of computer program
merely for personal use.
Article 16
1. In the interest of education, science as well as research and development, where creations
in the fields of science and literature are concerned, the Minister, after consulting the
copyright council ca;
a. oblige the copyright holders to translate and/or reproduce the creations themselves within
the territory of the Republic of Indonesia within a specified period of time;
b. oblige the copyright holders concerned to give a permit to other parties to translate and/or
reproduce the creations within the territory of the Republic of Indonesia within a
specified period of time in case the copyright holders concerned do not fulfill the
obligation as referred to in latter a themselves;
c. appoint other parties to translate and/or reproduce the creations in case the copyright
holders do not fulfill the obligation as referred to in letter b.
1. The obligation to translate the creations as referred to in paragraph (1) shall be carried out
after a period of 3 (three) years starting the publication of the creation in fields of science
and literature, provided that the works have not yet been translated into the Indonesian
language.
2. The obligation to reproduce the creation as referred too in paragraph (1) shall be carried
out after :
a. a period of 3 (three) years starting the publication of books in the fields of mathematics
and exact science, provide that the books have never been reproduced in the territory of
the Republic of Indonesia;
b. a period of 5 (five) years starting the publication of books in the field of social science,
provided that the books have never been reproduced in the territory of the Republic of
Indonesia;
c. a period of 7 (seven) years starting the announcement of book in the fields of arts and
literature, provided that the books have never been reproduced in the territory of the
Republic of Indonesia.
1. The translation or reproductions as referred to in paragraph (1) can only be intended for
domestic use within the territory of the Republic of Indonesia and not for export.
2. The implementation of previsions in paragraph (1) letter b and letter c shall be
accompanied with the provision of a Presidential Decree.
3. The procedures for applying for a permit to translate and/or reproduce the creations as
referred to in paragraph (1), paragraph (2), paragraph (3) and paragraph (4) shall be
further provided for in a Presidential Decree.
Article 17
The government shall be the announcement of any creation which is against the government
policies in the fields of religion, state defense and security, ethics, and law and order after
consulting the copyrights council.
Article 18
1. The government can announce a creation in the interests of the nation through radios,
televisions and /or other means without asking for a permit from the copyright holder, on
the stipulation that the announcement does not harm the fair interests of the copyright
holder and accordingly, the copyright holder is given fair recompense.
2. The broadcast institutions announcing the creation as referred to in paragraph (1) have
the authority to perpetuate creation merely in the interests of the broadcast institution
themselves, on the stipulation that for further broadcast the broadcast institution shall
give fair recompense to the copyright holder concerned.
Part Six
Copyright on Portraits
Article 19
1. To reproduce or announce has/her creation, the holder of a copyright on the portrait of a
person shall secure prior consent from the person portrayed or his/her beneficiary within
a period of 10 (ten) years after the person portrayed died.
2. To reproduce or announce the portrait of each person in the portrait containing the picture
of 2 (two) persons or more in case the announcement or reproduction of the portrait also
contains the picture of other person, the copyright holder shall secure prior consent from
each person in the portrait or his/her beneficiary within a period of 10 (ten) years after the
person portrayed died.
3. Provision in this article shall only apply to the portraits made :
a. upon the request of the person portrayed;
b. upon the request filed in the name of the person portrayed; or
c. in the interest of the person portrayed.
Article 20
The holder of a copyright on a portrait shall not be allowed to announce a portrait he/she has
made :
a. without consent from the person portrayed;
b. without consent form other person in the name of the person portrayed; or
c. not in the interest of the person portrayed,
if the announcement is against the fair interests of the person portrayed, or those of one of his/her
beneficiaries when the person portrayed has died.
Article 21
The act of taking a picture of one person or more in a public show no matter it is commercial for
the purpose of announcement, shall not be considered as violation of a copyright except where
the interested person stipulates otherwise.
Article 22
In the interests of public security and/or for the purpose of criminal court session, the portrait of
a person in any form also be reproduced and announced by the authorized agency.
Article 23
Except if there is other agreement between the copyright holder and the owner of a photograph,
painting, drawing, architectural work, sculpture and/or other works of arts, the owner, without
approval from the copyright holder, shall be entitled to display the creation in a public exhibition
or reproduce it in a catalog without reducing provisions in article 19 and article 20, if the work of
art is in the form of portraits.
Part Seven
Moral Rights
Article 24
1. A creator or his/her beneficiary shall be entitled to demand that the copyright holder put
the name of the creator in his/her creation.
2. A creation can not be changed even if the copyright on it has been transferred to other
party, except if there is approval from the creator or hid/her beneficiary when the creator
dies.
3. Provision in paragraph (2) shall also apply to a change in the title and sub-title of a
creation the inclusion of and a change in the name of pseudonym of the creator
4. A creator shall remain entitled to change his/her creation in conformity with the social
morality.
Article 25
1. Electronic information on managerial information to which a creator is entitled shall bot
be annulled or changed.
2. Further provisions needed to implement provisions in paragraph (1) shall be provider for
in a Government Regulation.
Article 26
1. A copyright on a creation shall remain in the hands of the creator as long as the copyright
on the creation is not wholly transferred to the buyer of the copyright.
2. The copyright sold wholly or partially can not be resold by the same seller.
3. In the event of a dispute among several buyers of the same copyright on a creation,
protection shall be given to the first buyer acquiring the copyright.
Part Eight
Technological Control Means
Article 27
Except if there is permit from its creator technological control means used for safeguarding the
rights of a creator can not lawfully be destroyed, annulled, or malfunctioned.
Article 28
1. Creations using high technology production means, particularly in the fields of optical
disc, shall meet all licensing regulations and production requirements stipulated by the
authorized agency.
2. Further provisions on high technology production means for the manufacture of optical
disc as referred to in paragraph 91) shall be provided for in a Government Regulation.
CHAPTER III
TEE VALIDITY PERIOD OF COPYRIGHT
Article 29
1. Copyrights on such creations as :
a. book, pamphlet and all other scientific works;
b. drama or musical drama, dance, choreography;
c. any form of line arts, such as painting and sculpture;
d. batik art;
e. song or music with or without text;
f. architecture;
g. speech, lecture, address and the like;
h. audio visual;
i.
map;
j. translation, interpretation, adaptation and anthology shall be valid during the life time of
their creators and shall continue to be valid up to 50 (fifty) years after the creators died.
1. copyrights on the creations as referred to in paragraph (1) owned by 2 (two) people or
more, shall be valid during the life time of the creators who last die and shall continue to
be valid up to 50 (fifty) years thereafter.
Article 30
1. Copyrights on such creations as :
a. computer program;
b. cinematography;
c. photography;
d. database;
e. works as a result of transformation, shall be valid for 50 (fifty) years after thy are for the
first time announced.
1. Copyright on the layout of the published scientific papers shall be valid 50 (fifty) years
after they are for the first time published.
2. Copyright on the creations as referred to in paragraph (1) and paragraph (2) of this article
as well as article 29, paragraph (1) owned or held by a corporate body shall be valid for
50 (fifty) years after they are for the first time announced
Article 31
1. Copyright on the creators held or done by the state on the basis of :
a. article 10, paragraph (2) shall be valid timelessly;
b. article 11, paragraph (1) and paragraph (3) shall be valid for 50 (fifty) years after the
creations are for the first time made public.
1. Copyright on the creations done by publishers on the basis of article 11, paragraph (2)
shall be valid for 50 (fifty) years after the creations are for the first time published
Article 32
1. The validity period of copyrights on the creations announced part by part shall start form
the announcement date of the last part.
2. In determining the validity period of copyrights on the creations consisting of 2 (two)
volumes or more , as well as summaries and news announced periodically and at different
time, each of the volumes or summaries and news shall be considered as a separate
creation.
Article 33
The period of time for protecting the rights of creators as referred to in :
a. article 24, paragraph (1) shall be valid timelessly;
b. article 24, paragraph (2) and paragraph (3) shall be valid during the validity period of
copyrights on the creations concerned, with the exception of the inclusion of and a
change in the name or pseudonym of their creators.
Article 34
Without reducing the rights of a creator to the period of time for protecting a copyright starting
the birth of a creation, the period of time for protecting a protected copyright shall cover :
a. 50 (fifty) years;
b. the life time of the creator and shall continue up to 50 (fifty) years after the creator dies,
starting on January 1 in the ensuing year after the creation is announced, made public,
published, or after the creator dies.
CHAPTER IV
REGISTRATION OF CREATION
Article 35
1. The Decorate General shall register creations by putting them on the General List of
Creations.
2. Any person can watch the general list of creation free of charge.
3. Any person can have an excerpt from the general list of creations for his/her own
interests by paying fees.
4. The provisions on the registration of creations as referred to in paragraph (1) shall not
constitute the obligation to get a copyright.
Article 36
The registration of a copyright in the General List of Creation shall not amount to the approval of
content, meaning aim or form of the creation registered
Article 37
1. The registration of a creation in the general list of creations shall be done upon the
request of the creator, the copyright holder or his/her proxy.
2. The request shall be filed to the Directorate General using a letter in duplicate written in
the Indonesia language, complete with a sample of the creation or its substitute, by
paying fees.
3. After receiving the request as referred to in paragraph (1) the Directorate General shall
issue a decision no later than 9 (nine) months after the request is received in a complete
manner.
4. The proxy as referred to in paragraph (1) shall be the consultant registered at the
Directorate General.
5. The requirements and procedures for appointing and registering the consultant as referred
to in paragraph (4) shall be further laid down in a Government Regulation.
6. Further requirements and procedures for filling a request for the registration of a creation
in the General List of Creations shall be laid down in a Presidential Decree.
Article 38
In case a request is filed by more than one persons or corporate bodies jointly entitled to a
creation, the request shall be complete with an official copy of the certificate proving the
existence of the right.
Article 39
The general list of creation shall contain, among others :
a. names of creators and copyright holders;
b. receipt dates of requests;
c. dates for completing the requirements pursuant to article 37; and
d. registry numbers of creations.
Article 40
1. The registration off a creation shall be considered as being done at time when a request is
received by the Directorate General in a complete way pursuant to article 37, or at the
when a request is received in a complete way pursuant to article 37 and article 38, if the
request is filed by more than one persons or a corporate body as referred to in article 38.
2. The registration as referred to in paragraph (1) shall be announced in an official report of
creations by the directorate general.
Article 41
1. The transfer of the right to the registration of a creation registered pursuant to article 39
in one number shall be allowed, if the right to the whole the creation registered is
transferred to the recipient of the right.
2. The transfer of the right shall be registered in the General List of Creation upon the
written request of both sides or of the recipient of the right by paying fees.
3. The registration of the transfer of the right shall be announced in the Official Report of
Creations by the Directorate general.
Article 42
When a creation is registered pursuant to article 37, paragraph (1) and paragraph (2) as well as
article 39, the other party who pursuant to article 2 is entitled to a copyright can file a
cancellation suit to a Commercial Court.
Article 43
1. A change in the name and/or address of the person or corporate body registered in
General List of Creations as a creator or copyright holder shall be registered in General
List of Creations upon the written request of the creator or copyright holder who has the
said name and address by paying fees.
2. The change in the name and/or address shall be announced in the official report of
creation by Directorate General.
Article 44
The legal strength of the registration of a creation shall be annulled due to :
a. the request of the person or corporate body whose name is registered as a creator or
copyright holder;
b. the passage of time as referred to in article 29, article 30, article 31 with due observance
of article 32;
c. the court verdict with irrevocable legal strength declaring it null and void.
CHAPTER V
LICENSES
Article 45
1. A copyright holder shall be entitled to give a license to other party based on a license
agreement to carry out the activities as referred to in article 2
2. Except where an agreement stipulate otherwise, the scope of license as referred to in
paragraph (1) covering all the activities as referred to in article 2 shall last within a period
of time during which the license is given and shall be valid for the whole territory of the
Republic of Indonesia.
3. Except where an agreement stipulates otherwise, the activities as referred to in paragraph
(1) and paragraph (2) shall be carried out by requiring the license recipient to give
royalties to the copyright holder.
4. The amount of royalties given by the license recipient to the copyright holder shall based
on an agreement between the two sides by paying attention to the agreement reached by
the professional organization.
Article 46
Except where an agreement stipulates otherwise, a copyright holder shall constantly be allowed
to carry out the activities as referred to in article 2 himself/herself or give a license to a third
party to do so.
Article 47
1. A license agreement shall be prohibited to carry provisions that may have an adverse
impact on the Indonesia economy or provisions that may lead to unsound business
competition as provided for in the existing laws and regulations.
2. A license agreement shall be registered at the Directorate General so that it will have a
legal impact on the third party.
3. The Directorate General shall reject any application for the registration of a license
agreement carrying the provisions as referred to in paragraph (1)
4. Further provisions on the registration of a license agreement shall be provided for in a
Presidential Decree.
CHAPTER VI
THE COPYRIGHT COUNCIL
Article 48
1. To assist the Government in providing copyright counseling, guidance and development
services, a copyright council shall be formed.
2. The membership of the copyright council shall comprise representatives from the
government, professional organization and the community, who are competent in the
field of copyrights, and are appointed and dismissed upon the request of the Minister.
3. Further provision on the task, function, organizational structure, work mechanism,
financing and tenure of the copyright council shall be provided for in a government
regulation.
4. The expenses incurred by the copyright council as referred to in paragraph (3) shall be
the budget of the ministry in charge of developing intellectual property rights.
CHAPTER VII
RELATED RIGHTS
Article 49
1. An agent shall hold exclusive rights to license or prohibit other parties, without his/her
approval, to make, reproduce or broadcast his/her sound recording and/or their picture
directives.
2. A sound recording producer shall hold exclusive rights to license or prohibit other parties,
without his/her approval, to reproduce and/or rent his/her sound or voice recording
works.
3. A broadcast institution shall have exclusive rights o license or prohibit other parties,
without his/her approval , to make , reproduce, and/or rebroadcast works through
transmission with or without cable, or trough other electromagnetic system.
Article 50
1. The period of time for protecting :
a. agents shall cover 50 (fifty) years after the works are for the first time showed or put in
the audio media or audio visual media;
b. sound recording producers shall cover 50 (fifty) years after the recording works have
been completed;
c. broadcast institution shall cover 20 (twenty) years after the broadcast work are for the
firsts time broadcast.
1. The period of time for the protection as referred to in paragraph (1) shall start on January
1 of the ensuing year after :
a. the show works have been completed or put in the audio media or audio visual media;
b. the sound recording works have been completed;
c. the broadcast works have been for the first time completed.
Article 50
The provisions in Article 3, Article 4, Article 5, Article 6, Article 7, Article 8, Article 9, Article
10, Article 11, Article 14 letter b and letter c, Article 15, Article 17, Article 18, Article 24,
Article 25, Article 26, Article 27, Article 28, Article 35, Article 36, Article 37, Article 38, Article
39, Article 40, Article 41, Article 42, Article 43, Article 44, Article 45, Article 46, Article 47,
Article 48, Article 52, Article 53, Article 54, Article 55, Article 56, Article 57, Article 58, Article
59, Article 60, Article 61, Article 62, Article 63, Article 64, Article 65, Article 66, Article 68,
Article 69, Article 70, Article 71, Article 74, Article 75, Article 76 and Article 77 shall apply
mutatis mutandis to related rights.
CHAPTER VIII
THE MANAGEMENT OF COPYRIGHTS
Article 52
The directorate general shall be responsible for the administration of copyright as referred to in
this law.
Article 53
The directorate general shall organize a nationwide copyright documentation and information
networks system capable of providing as much information as possible on copyright to the
public.
CHAPTER IX
FEES
Article 54
1. Anybody applying for the registration of copyright, excepts from the general list of
copyrights, the registration of transfer of a copyright, the registration of change in name
and/or address, the registration of a license agreement, the registration of a compulsory
license, and others provided for in this law shall be liable to fees the amount of which is
set on the basis of a Government Regulation.
2. Further provisions on requirements, a period of time, and procedures for paying fees as
referred to in paragraph (1) shall be provided for in a Presidential Decree.
3. The Directorate General, with approval from the Minister and the Minister of Finance,
can use proceeds from the receipt of fees as referred to in paragraph (1) and paragraph (2)
within the framework of the existing laws and regulations.
CHAPTER X
THE SETTLEMENT OD DISPUTES
Article 55
The transfer of a copyright on the whole creation to other party shall not reduce the right of the
creator or his/her beneficiary to file a lawsuit against the other party who, without his/her
approval,
a. omits the name of the creator contained in the creation;
b. puts the name of the creator on the creation;
c. replaces or changes he title of the creations or
d. alter the content of the creation.
Article 56
1. A copyright holder shall be entitled to tile a compensation suit to a commercial court
against violation of his/her copyright and ask for the confiscation of the item announced
or the result of the reproduction of the creation.
2. A copyright holder shall also be entitled to apply to a commercial court to order the
transfer of the whole or part of income earned from the holding of a speech, scientific
meeting, show or exhibition as a result of violation of a copyright.
3. Before issuing a final decision and to avoid further losses the party having his/her right
violated, a judge can instruct the violator to stop the announcement and/or reproduction
of a certain or the item resulting from the violation of a copyright.
Article 57
The rights of a copyright holder as referred to in article 56 shall not apply to creation in the
hands of parties who good intention have acquired the creation merely for personal use rather
than for a commercial purpose and/or in the interest of commercial activity.
Article 58
The creator or beneficiary of a creation can file a compensation suit against the violation as
referred to in article 24.
Article 59
The suit as referred to in Article 55, Article 56 and Article 58 shall be decided within a 90
(ninety) day’s grace starting the registration of the suit at the commercial court concerned.
Article 60
1. A suit against violation of a copyright shall be filed to the chief of a commercial court.
2. The clerk of the commercial court shall register the suit as referred to in paragraph (1) on
the date when the suit is filed and plaintiff shall be given a written receipt signed by the
authorized official and bearing the same date as the registration of the suit.
3. The clerk of the commercial court shall submit the suit to the chief of the commercial
court no later than 2 (two) days after the registration of the suit.
4. No later than 3 (three) days after the registration of the suit, the commercial court shall
study the suit and set the date for a court session.
5. An inquiry into the suit shall start no later than 60 (sixty) days after the registration of the
suit.
Article 61
1. A confiscator shall serve a summons on the parties concerned no later than 7 (seven) days
after the registration of the suit.
2. A decision on the suit shall be read no later than 90 (ninety) days after the registration of
the suit and can be extended no later than 30 (thirty) days with approval from the
chairman of the supreme court
3. A decision on the suit as referred to in paragraph (2) containing legal considerations
underlying the decision shall be read in a court session open to the public and if
requested, can be done first despite legal attempts to challenge the decision.
4. A confiscator shall hand down the content of the commercial court’s decision as referred
to in paragraph (3) to the parties concerned no later than 14 (fourteen) days after the
decision on the suit is read.
Article 62
1. Only an appeal against the commercial court’s decision as referred to in article 61
paragraph (4) can be filed.
2. The appeal as referred to in paragraph (1) shall be filed no later than 14 (fourteen) days
after the date when the decision against which the appeal is filed is read or made known
to the parties concerned by registering it with the court deciding the suit.
3. The clerk of court shall register the appeal on the date when it is filed and the applicant
for the appeal shall be given a written receipt signed by the clerk of court using the same
date as receipt of the registration.
Article 63
1. An applicant for appeal shall submit memory of appeal to the clerk of court no latter than
14 (fourteen) days after the registration date of the appeal as referred to in Article 62
paragraph (2)
2. The clerk of court shall convey the application for appeal and the memory of appeal as
referred to in paragraph (1) to the party the appeal against which the appeal is filed no
later than 7 (seven) days after the appeal is received by the clerk of court.
3. The party against which the appeal is filed can file a contra memory of appeal to the clerk
of court no later than 14 (fourteen) days after the date when the party against which the
appeal is filed receives the memory of appeal as referred to in paragraph (2) and the clerk
of court shall convey the contra memory of appeal to the applicant for appeal no later
than 7 (seven) days after the contra memory of appeal is received by the clerk of court.
4. The clerk of court shall convey the dossiers of appeal case concerned to the supreme
court no later than 14 (fourteen) days after the passage of time as referred to in paragraph
(3)
Article 64
1. The supreme court shall study the dossiers of appeal case and set the date of a court
session no later than 7(seven) days after receiving the appeal
2. An inquiry into an appeal shall start no later than 60 (sixty) days after the supreme court
receives the appeal.
3. A decision on an appeal shall be read no later than 90 (ninety) days after supreme court
receives the appeal
4. A decision on an appeal as referred to in paragraph (3) containing complete legal
considerations underlying the decision shall be read in a court session open to the public.
5. The clerk of supreme court shall convey a copy of the decision on appeal to the clerk of
court no later than 7 (seven) days after the decision on appeal is read
6. A confiscator shall convey a copy of the decision on appeal as referred to in paragraph
(5) to the applicant for appeal and the party against which the appeal is filed no later than
7 (seven) days after the clerk of court receives the decision on appeal.
Article 65
In addition to the settlement of dispute as referred to in article 55 and article 56, the parties
concerned can settle the disputes through an arbitrary body or dispute settlement alternatives.
Article 66
The rights to file a suit referred to in article 55, article 65 and article 65 shall not reduce the
rights of the state to file criminal proceeding against violation of copyrights.
CHAPTER XI
PROVISIONAL COURT STIPULATION
Article 67
Upon the request of the party whose interest are adversely affected, a commercial court can issue
an immediate decision which is effective to :
a. prevent further violation of a copyright, particularly the entry of goods believed to have
violated a copyright or related right into the trade chain, including the import of the
goods;
b. keep evidence of violation of a copyright or related right to prevent the disappearance of
evidentiary materials;
c. ask the party whose interests are adversely affected to provide evidence that the party is
really entitled to a copyright or related right, and the rights of the applicant are really
being violated.
Article 68
In case the provisional court stipulation has been issued, the parties shall be immediately
informed of the matter, including the rights to be heard for the parties subject to the provisional
stipulation.
Article 69
1. In case the judge of a commercial court has issued a provisional court stipulation the
judge of a commercial court shall decide whether he/she will change, cancel or strengthen
the stipulation as referred to in Article 67, latter a and latter b no later than 30 (thirty)
days after the issuance date of the provisional court stipulation.
2. If within a period of 30 (thirty) days the judge does not implement the provisions in
paragraph (1), the provisional court stipulation shall have no legal strength.
Article 70
In case the provisional court stipulation is canceled, the party whose interests are adversely can
file a compensation suit to the party applying for the provisional court stipulation.
CHAPTER XII
INVESTIGATION
Article 71
1. Besides investigation of the Police of the Republic of Indonesia, certain civil servants of
the ministry whose tasks and responsibilities cover the development of intellectual
property rights shall be given special authority as investigators as referred to in law No
8/1981 on criminal codes to conduct investigation into criminal offenses in the field of
copyrights.
2. The investigators as referred to in paragraph (1) shall be authorized to :
a. probe the truth of a report or information related to a criminal offense in the field of
copyright;
b. probe parties or corporate bodies believed to have committed a criminal offense in the
field, of copyright;
c. ask for information from parties or corporate bodies in connection with a criminal offense
in the field of copyright;
d. audit financial accounts, records and other documents related to a criminal offense in the
fields of copyright;
e. investigate a certain place believed to have been used for keeping financial accounts,
records and other documents;
f. cooperate with the police in confiscating materials and goods resulting from violation of
a copyright that may serve as evidence of a criminal offense in the field of copyright;
g. ask for expert help to investigate criminal offenses in the field of copyright.
1. The investigation as referred to in paragraph (1) shall inform the investigators of the
Police of the Republic of Indonesia about the start of an investigation and the result of
investigation in accordance with Law No 8/1981 on criminal codes.
CHAPTER XIII
CRIMINAL PROVISIONS
Article 72
1. Anybody who deliberately and unrightfully referred to in Article 2, paragraph (1) or
Article 49 paragraph (1) and paragraph (2) shall be sentenced to a minimum of 1 (one)
month in jail each and/or be fined a minimum of Rp 1.000.000 (one million rupiahs), or
be sentenced to a maximum of 7 (seven) years in jail and/or fines a maximum of
Rp.5000.000.000 (five billion rupiahs)
2. Anybody who deliberately broadcast, display, circulates, sells to the public a creation or
items resulting from violation of copyright or related as referred to in paragraph (1) shall
be sentenced to maximum of 5 (five) years in jail and/or be fined a maximum of
Rp.500.000.000 (five million rupiahs)
3. Anybody who deliberately and unrightfully reproduces a computer program for a
commercial purpose shall be sentenced to maximum of 5 (five) years in jail and/or be
fined a maximum of 500.000.000 (five hundred million rupiahs)
4. Anybody who deliberately violates article 17 shall be sentenced to a maximum of 5 (five)
years in jail and/or be fined a maximum of Rp. 1.000.000.000 (one billion rupiahs)
5. Anybody who deliberately violates article 1i, article 20, or article 49 paragraph (3) shall
be sentenced to maximum of 2 (two) years in jail and/or be fined a maximum of Rp.
150,000,000 (one hundred and fifty million rupiahs)
6. Anybody who deliberately and unrightfully violates article 24 or article 55 shall be
sentenced to a maximum of 2 (two) years in jail and/or be fines a maximum of Rp.
150,000,000 (one hundred and fifty million rupiahs)
7. Anybody who deliberately and unrightfully violates article 25 shall be sentenced to a
maximum of 2 (two) years in jail and/or be fined a maximum of Rp. 150,000,000 (one
hundred and fifty million rupiahs)
8. Anybody who deliberately and unrightfully violates article 27 shall be sentenced to a
maximum of 2 (two) years in jail and/or be fines a maximum of Rp. 150,000,000 (one
hundred and fifty million rupiahs)
9. Anybody who deliberately violates article 28 shall be sentenced to a maximum of 5 (five)
years in jail and/or be fines a maximum of Rp. 1,500,000,000 (one billion five hundred
million rupiahs)
Article 73.
1. A creation or item resulting from a criminal offense in the field of copyright or related
right as well as devices used to commit the criminal offense shall be confiscated by the
state to be destroyed.
2. The creation s referred to in paragraph (1) in the field of art which is unique can be
considered no to be destroyed.
CHAPTER XIV
TRANSITIONAL PROVISIONS
Article 74
With the enforcement of this law, all laws and regulations in the field of copyrights which have
already existed on the enforcement date of this law, shall remain valid, provided that they are not
against this law or have not been replaced with the new ones on the basis of this law.
Article 75
The decisions on the registration of creation already issued by the Directorate General on the
basis of law NO c/1982 on copyrights as has been amended by law No. 7/1987 and the latest by
law No. 12/1997, which are still valid at the time when this law is promulgated, shall remain
valid during the remaining period of time for the protection of the creations.
CHAPTER XV
CONCLUSION
Article 76
This law shall apply to :
a. all creations of Indonesian citizen, people and corporate bodies;
b. all creations of non Indonesian citizen, non Indonesian people, and non Indonesian
corporate bodies whish are for the first time announced in Indonesia;
c. all creations of non Indonesian citizen, non Indonesian people, and non Indonesia
corporate bodies, on the stipulation that.
i.
their country signs a bilateral agreement with the Republic of Indonesia on the protection
of copyright;
ii. their country and the Republic of Indonesia are parties or signatories to the same
multilateral agreement on the protection of copyrights.
Article 77
With the enforcement of this law, law No 6/1987 on copyrights as has been amended by law No
7/1987 and latest by law No 12/1997 shall be declared null and void.
Article 78
This law shall begin to take effect 12 (twelve) months after the date of promulgation
For public cognizance, this law shall be promulgated by placing it in the Statute Book of the
Republic of Indonesia
Validated in Jakarta
On July 29, 2002
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Sgd
MEGAWATI SOEKARNOPUTRI
Promulgated in Jakarta
On July 29, 2002
THE STATE SECRETARY
sgd
BAMBANG KESOWO
STATE BOOK OF THE REPUBLIC OF INDONESIA OF 2002 NO 85
ELUCIDATION
OF
LAW NO 19/2002
ON COPYRIGHTS
I. GENERAL
As an archipelagic country, Indonesia is very rich in arts and culture. This is in line with
a diversity of ethnic groups and religions all of which constitute national potencial which
need to be protected. The art and culture wealth is one of the sources of intellectual works
which can and need be protected by law. The wealth is not merely for the arts and culture
themselves but also can be used to increase capability in the fields of trade and industry
by involving their creators. As such, the protected art and cultural wealth can promote not
only the welfare of their creators but also that the country and nation.
Indonesia has taken part in international organization by becoming a member of the
Agreement Establishing the World Trade Organization which also cover agreement on
Trade Relation Aspects of Intellectual Property Rights (TRIPs) through law No 7/1994 in
addition, Indonesia has also ratified the Berne Convention for the Protection of Artistic
and Literary Works through Presidential Decree No 17/1997 and World Intellectual
Property Organization Copyrights Treaty (WT) through Presidential Decree No 19/1997.
To data Indonesia has law No 6/1982 on copyright as has been amended by law No
7/1987 and the latest by law No 12/1997, hereinafter referred to be copyrights law.
Although through the amendment several other provision need to be improves to protect
intellectual works in the field of copyrights, including efforts to encourage the
development of intellectual works originating from the aforementioned art and culture
wealth. From the several conventions in the fields of intellectual Property Rights referred
to above, there are several provisions which art worth using. In addition we need to
distinguish the position of copyrights from that of related rights in order to give clearer
protect