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copyright law indonesia 2026

Copyright Law Indonesia 2026: What Platforms, Creators and In-house Counsel Need to Know

By Global Law Experts
– posted 50 minutes ago

Copyright law Indonesia is entering a period of significant change, with the government signalling a 2026 overhaul aimed squarely at digital content, online platforms and emerging technologies such as generative artificial intelligence. For in-house counsel, platform founders, media and streaming teams, gaming and SaaS legal departments, and individual creators, this reform is not academic, it will reshape platform obligations, takedown mechanics, licensing of training data, and the risks attached to hosting user-generated content. This guide translates the reported changes into practical compliance steps, sets out an implementation timeline, and explains who is affected and what to do next.

Because the reform package remains in development, several items below are described as proposals reported in secondary sources and should be verified against the official gazette before you act.

Who this is for: In-house counsel, platform founders, media, streaming, gaming and SaaS legal teams, and content creators. Purpose: A clear summary of what is changing under copyright law Indonesia, who is affected, immediate action items, and where to get help.

Executive summary: what the 2026 proposal changes and why it matters

The headline story of copyright law Indonesia in 2026 is a shift from a relatively light-touch, notice-driven regime toward a framework with clearer expectations for online platforms and explicit treatment of digital and machine-learning use cases. The current statute, Law No. 28 of 2014 on Copyright, remains the baseline, but a reported reform package, associated in secondary reporting with a 2026 government regulation, is expected to update official fees, tighten platform responsibilities, introduce faster takedown and transparency obligations, and open the question of how copyrighted works may be used to train AI systems. The exact regulation number and its provisions should be confirmed against the official repository before you rely on any specific detail.

Who is affected? Anyone hosting, distributing, monetising or generating content in Indonesia. That includes streaming services, social and UGC platforms, marketplaces, gaming publishers, SaaS vendors that process customer content, and AI developers training models on Indonesian or globally sourced works. Creators and rights-holders are equally affected because the same reforms that increase platform duties also change how infringement is reported, enforced and remedied.

The immediate actions are straightforward to list and harder to execute well: review your content and licensing contracts, audit your content-moderation and notice-and-takedown processes, map the provenance of any data used to train or fine-tune AI, and confirm the status of your copyright recordals and registrations with the Directorate General of Intellectual Property (DGIP). Early movers will find compliance far cheaper than those who wait for enforcement to arrive.

Quick compliance checklist: immediate actions for platforms and creators

Use the following checklist as a triage tool. It is not a substitute for tailored legal advice, and you should confirm each item with local counsel against the final text of any 2026 regulation.

  • Contract audit. Review platform terms of service, user licences, contributor agreements and vendor contracts for copyright warranties, indemnities and takedown cooperation clauses.
  • Takedown policy review. Confirm your notice-and-takedown process has documented intake, verification, action and counter-notice steps, with logged timestamps and decision records.
  • Recordal and registration. Confirm which works are recorded with DGIP and consider recordal for high-value catalogues to strengthen evidence and enforcement.
  • Licensing audit. Map every content source, including third-party libraries, stock assets and AI training datasets, and confirm you hold the licences the intended use requires.
  • AI data provenance. Document where training and fine-tuning data came from, whether it is licensed, and whether opt-out or exclusion mechanisms exist.
  • Transparency readiness. Prepare to publish or report takedown statistics and content-moderation practices in case reporting duties are imposed.
  • Evidence preservation. Establish a routine to preserve infringing content, URLs, timestamps and metadata for potential litigation.

A short illustrative platform licence and indemnity clause might read: “The Contributor grants the Platform a non-exclusive, worldwide, royalty-free licence to host, display and distribute the Content solely to operate the Service, and warrants that the Content does not infringe any third party’s copyright. The Contributor shall indemnify the Platform against claims arising from breach of this warranty, and shall promptly cooperate with any notice-and-takedown request.” Treat this only as a drafting starting point; every clause should be adapted to your business, jurisdictional exposure and the final reform text, and reviewed by an Indonesian IP lawyer.

Current legal framework: the baseline for copyright law Indonesia

To understand what changes in 2026, you need a clear picture of the regime it modifies. The copyright law Indonesia framework rests on a modern statute, a national registration authority, and a set of international treaty obligations.

The Copyright Act: Law No. 28 of 2014

Law No. 28 of 2014 on Copyright is the principal statute governing copyright in Indonesia. It protects a broad range of works, literary, artistic, musical, audiovisual, software and more, and recognises two categories of rights. Economic rights allow the author or rights-holder to reproduce, distribute, communicate and commercially exploit a work, and these rights can be assigned or licensed. Moral rights protect the personal connection between the author and the work, including the right of attribution and the right to object to distortions; moral rights generally cannot be transferred. The statute also sets protection terms, defines limitations and exceptions, and establishes civil and criminal remedies for infringement.

Because protection arises automatically on creation, registration is not a precondition to owning copyright, but recordal carries important evidential advantages discussed below.

DGIP, registration and recordal

The Directorate General of Intellectual Property (DGIP), which operates within the ministry responsible for legal affairs, administers copyright recordal in Indonesia. While copyright exists without registration, recording a work with DGIP creates an official record that strengthens the owner’s evidential position in disputes and enforcement. DGIP publishes procedures, fees and guidance for rights-holders, and its recordal certificate is frequently the first document a rights-holder produces when asserting ownership. Rights-holders should also be aware that copyright recordal for border enforcement, used to stop infringing imports, is handled through customs channels; see our guidance on recordation of intellectual property at the Directorate General of Customs and Excise for the customs-side process.

International obligations

Indonesia’s domestic copyright regime is shaped by its international commitments. As a member of the World Intellectual Property Organization and a party to the Berne Convention, Indonesia extends protection to foreign works and observes core principles such as national treatment and minimum protection standards. These obligations constrain how far domestic reform can go and provide a comparative benchmark for how Indonesia might treat contested issues, including copyright exceptions and the boundaries of permissible use for new technologies. WIPO’s country materials are a useful reference point when assessing whether a proposed Indonesian rule aligns with international norms.

What the 2026 government regulation and other proposals change

Secondary reporting has flagged a 2026 government regulation as the vehicle for the current reform of copyright law Indonesia, with a particular focus on official fees for intellectual property and on digital content. Because implementing text may still be moving through the process, treat the specifics below as the proposal as reported and verify against the official legal repository, JDIH of the relevant ministry, before relying on any detail. The direction of travel, however, is consistent across the reported signals: more responsibility for platforms, clearer rules for digital exploitation, and a first attempt to address AI.

Scope changes: digital content, UGC and AI training

One consequential reported change is an expansion of scope to address how content is created, distributed and consumed in a digital-first economy. This includes clearer treatment of user-generated content on platforms, the streaming and on-demand distribution of audiovisual and musical works, and, most novel, the use of copyrighted works to train machine-learning systems. Under the existing regime, the application of exceptions to AI training is unclear, and there is no general AI exemption. The reform is reported to move toward more explicit pathways, potentially involving licensing considerations for training data and obligations to disclose or account for the datasets used. For any organisation building or deploying generative models in Indonesia, this could transform a grey area into a compliance obligation.

Platform obligations and safe-harbour modifications

Online platform liability in Indonesia may tighten. The current position relies on a conditional safe harbour: platforms that respond appropriately to notices of infringing content have generally been able to limit their exposure, though practice has varied. The reported 2026 changes point toward stronger platform obligations, potentially including clearer takedown expectations, duties addressing the re-upload of previously removed content, and transparency or reporting requirements around content moderation. If enacted as reported, the practical effect will be to raise the operational bar: reactive, ad hoc takedown handling will no longer be sufficient, and platforms will need documented, auditable and timely processes.

The ministry responsible for communications and digital affairs already regulates aspects of online intermediary responsibility, so platforms should read copyright reform alongside existing content-regulation rules.

New fees, administrative processes and DGIP powers

The reform package is also reported to touch administrative machinery, official fees, recordal processes and the powers available to DGIP and related authorities. This could mean new or revised fees for registration and recordal, streamlined or digitised application processes, and administrative enforcement powers that sit alongside the courts. For rights-holders, expanded administrative avenues can offer faster, cheaper routes to relief than full civil litigation; for platforms and users, they raise the prospect of administrative penalties for non-compliance. Confirm the exact fees and procedures directly with DGIP, because these are precisely the details most likely to be set or amended by implementing regulation.

Emerging technologies: AI, machine learning and copyright law Indonesia

No aspect of the reform draws more attention than its treatment of emerging technologies. The intersection of AI and copyright law Indonesia raises questions the 2014 statute was never designed to answer, and the reported regulation is described as an attempt to begin addressing them.

Training data: text, images and music

Training a machine-learning model typically involves reproducing large volumes of copyrighted material, text, images, audio and video. Under the current framework, whether such reproduction falls within any exception is uncertain, and Indonesia does not have a broad, purpose-built exception for AI training comparable to text-and-data-mining exceptions found in some other jurisdictions. The reported reform would seek to reduce this ambiguity, which may involve licensing considerations for the use of protected works in training and disclosure-type obligations regarding datasets. AI developers operating in or targeting the Indonesian market should assume that “we scraped it, so it must be fine” is not a defensible position and should build data governance accordingly.

Licensing approaches for AI providers and platforms

If licensing or disclosure becomes mandatory, AI providers and the platforms that deploy their models will need practical licensing strategies. Options include direct licences from rights-holders and collecting societies, licences bundled into content-supplier agreements, and reliance on properly licensed or public-domain datasets with documented provenance. Platforms that host AI-generated content, or that offer generative features to users, should ensure their upstream vendor agreements pass through the necessary rights and allocate liability clearly. The likely practical effect of the reform is that provenance and licence documentation become as important as the model itself.

Practical mitigation: contracts, data provenance and opt-out

Pending final text, sensible mitigation steps include: maintaining a detailed, auditable record of every dataset’s source and licence status; inserting warranties and indemnities into data-supply and model-supply contracts; and implementing opt-out or exclusion mechanisms that allow rights-holders to request removal of their works from training corpora. These measures reduce risk under the current uncertain regime and position an organisation to comply quickly once obligations crystallise.

Enforcement, remedies and penalties: current versus proposed

Understanding enforcement is essential to sizing the risk. Under the current regime, copyright infringement in Indonesia can be met with civil remedies, including injunctions and damages, and, for certain infringements, criminal sanctions. Copyright infringement under Law No. 28 of 2014 is generally treated as a complaint-based offence. Civil litigation timelines can be lengthy, and border measures through customs recordal offer an additional route to intercept infringing imports. The reported 2026 changes are said to lean toward faster, administratively enforceable remedies and clearer expectations for platforms.

Current law versus reported 2026 changes: how copyright law Indonesia is set to shift

Issue Current law (Law No. 28/2014 + practice) Reported 2026 changes (verify against official text)
Platform liability / safe harbour Conditional safe harbour with notice-and-takedown; practice has varied Tighter platform obligations; possible duties addressing re-upload, faster takedown, and reporting or transparency requirements
AI training use of copyrighted works Unclear; no general AI exception and limited exemptions More explicit pathways, potentially involving licensing and disclosure considerations for training data
Administrative fees / recordal DGIP processes and fees under current regulations New or revised official fees and administrative measures as signalled in the 2026 package
Remedies and penalties Civil remedies, damages, and criminal sanctions for certain (complaint-based) infringements Potential enhanced administrative measures, expedited procedures, and clearer penalties for platform non-compliance

A practical note on process: civil copyright litigation in Indonesia is heard in the Commercial Court (Pengadilan Niaga) and can take time to resolve, which is one reason expedited administrative and border measures are attractive. Decisions of the Supreme Court of Indonesia provide guidance on how courts approach enforcement and remedies, and rights-holders building a strategy should review relevant precedent with local counsel.

Practical guidance: contracts, platform policies and takedown workflows

Reform succeeds or fails at the level of operational detail. The following practical guidance helps translate the principles of copyright law Indonesia into workable internal processes.

Drafting platform terms and licensing clauses

Platform terms should do three things well: obtain the licences the service actually needs from users and contributors, allocate copyright risk through warranties and indemnities, and secure the user’s cooperation with takedown and dispute processes. Avoid over-broad grants that creators will resist and under-broad grants that leave the platform unable to operate. Where a platform offers generative or AI-assisted features, terms should address ownership of outputs, the licensing status of training and input data, and the pass-through of upstream rights. Given the reform’s direction, build in flexibility to add disclosure and reporting undertakings without renegotiating every agreement.

Notice-and-takedown versus proactive monitoring

The gap between reactive notice-and-takedown and proactive monitoring is where much of the 2026 risk sits. A defensible notice-and-takedown workflow has clear intake channels, a verification step to weed out abusive or defective notices, a documented action stage with target response times, a counter-notice mechanism, and full logging. If the reform imposes stronger duties, such as addressing the re-upload of removed content, platforms will need matching technical measures, such as content fingerprinting or hash-matching, and the governance to operate them fairly. Read these obligations alongside existing intermediary rules to avoid conflicting compliance postures.

Evidence collection and preservation for takedown and litigation

Whether you are a rights-holder pursuing infringers or a platform defending a takedown decision, evidence discipline is decisive. Preserve the infringing material itself, the URL or location, timestamps, account details, and any metadata, and store them in a manner that supports later authentication. Maintain a chain-of-custody record for material that may be used in litigation or administrative proceedings. Because digital content is ephemeral and easily altered, timely, systematic preservation frequently determines whether a copyright infringement claim in Indonesia can be proven at all.

What rights-holders and creators should do now: action plan and timeline

The following staged plan turns strategy into a schedule. Adjust the pace to your risk exposure and resources, and validate steps with local counsel.

  1. Immediate (0–4 weeks). Run the compliance checklist above; identify your highest-value works and highest-risk content flows; confirm the status of the 2026 regulation via the official legal repository.
  2. Immediate (0–4 weeks). Freeze any AI training on undocumented datasets pending a provenance review.
  3. 1–3 months. Complete a contract audit and prioritise renegotiation of agreements lacking copyright warranties, indemnities or takedown cooperation.
  4. 1–3 months. Record high-value works with DGIP where not already done, to strengthen your evidential position.
  5. 3–6 months. Rebuild or upgrade notice-and-takedown workflows, including logging, counter-notice handling and, where relevant, re-upload prevention.
  6. 3–6 months. Implement AI data governance: provenance records, opt-out mechanisms and supplier warranties.
  7. 6–12 months. Establish transparency and reporting capability in anticipation of platform reporting duties.
  8. 6–12 months. Conduct a full compliance review against the finalised regulation and train relevant teams.

Where to monitor developments and how to engage

Because the reform is still developing, monitoring the official channels is part of compliance. Track the following:

  • DGIP. Watch dgip.go.id for guidance, fee changes and recordal procedure updates.
  • The official legal documentation network (JDIH). The authoritative place to confirm the text and status of the 2026 regulation.
  • The ministry responsible for communications and digital affairs. Follow developments on online platform and intermediary regulation that interact with copyright obligations.
  • Public consultation channels. Where consultations are open, consider submitting comments, directly or through an industry body, to shape workable obligations.

Engaging local counsel early is the single most effective step. Counsel can confirm the current status of the regulation, translate obligations into your operational context, and represent your interests in consultations.

Key takeaways and recommended next steps

Copyright law Indonesia is being modernised for a digital and AI-driven economy, and the organisations that prepare now will carry far less risk than those that wait. The core recommendations are simple:

  • Verify before you act. Confirm the exact text and status of the 2026 regulation via the official legal repository and DGIP; treat secondary reporting as a signal, not a source.
  • Fix the fundamentals. Audit contracts, tighten notice-and-takedown, and record high-value works with DGIP.
  • Govern your data. Document AI training provenance, secure licences, and build opt-out mechanisms.
  • Get local advice. Nothing here is a substitute for tailored counsel on your specific facts and exposure.

For a jurisdiction-specific assessment of how these reforms affect your business, seek qualified Indonesian intellectual property counsel who can align your compliance programme with the final text of the reform.

Need Legal Advice?

This article was produced by Global Law Experts. For specialist advice on this topic, contact Ardhiyasa Suratman at A&CO Law Office, a member of the Global Law Experts network.

Sources

  1. Law No. 28 of 2014 on Copyright (Undang-Undang No. 28 Tahun 2014), official text
  2. Directorate General of Intellectual Property (DGIP)
  3. WIPO, Indonesia country and treaty information
  4. Supreme Court of Indonesia (Mahkamah Agung)

FAQs

What protections does Indonesian law give to creators?
Law No. 28 of 2014 on Copyright protects creators through economic rights, to reproduce, distribute and commercially exploit their works, and moral rights, such as attribution and the right to object to distortions. Protection arises automatically on creation, and DGIP administers recordal that strengthens a creator’s evidential position in disputes.
Not strictly, at present. The current regime offers a conditional safe harbour where platforms respond appropriately to notices, though practice varies. The reported 2026 reform points toward tighter obligations and clearer takedown expectations. Platforms should document robust notice-and-takedown processes and confirm final requirements with local counsel.
The reform is reported to reduce today’s uncertainty, potentially involving licensing considerations to use protected works for training and disclosure-type obligations regarding datasets. AI developers should document data provenance, secure licences, and build opt-out mechanisms now, then verify obligations against the finalised regulation.
Registration is not required for copyright to exist, because protection is automatic on creation. However, recording a work with DGIP provides an official record that significantly strengthens your evidential position in enforcement and disputes. For high-value catalogues, recordal is a worthwhile investment.
The authoritative source is the official legal documentation network (JDIH) of the relevant ministry, alongside DGIP announcements. Because the exact regulation number and text should be confirmed against the official gazette, always verify there before relying on any reported detail.
Under the current regime, remedies include civil relief such as injunctions and damages, and criminal sanctions for certain (generally complaint-based) infringements. Customs recordal supports border measures against infringing imports. The reported 2026 package is said to add administrative measures and clearer penalties for platform non-compliance; confirm specifics against the official text.
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Copyright Law Indonesia 2026: What Platforms, Creators and In-house Counsel Need to Know

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