How to Enforce Your IP Online in Indonesia: Practical Steps for Brand Owners (permenkum No.5/2026 & Mol Reg No.6/2026)

Indonesia’s rapid e‑commerce expansion has made online IP enforcement Indonesia’s single most pressing compliance challenge for brand owners, general counsel and marketplace operators alike. Two new ministerial regulations, Permenkum No. 5/2026, which took effect on 4 December 2025, and Ministry of Law Regulation No. 6/2026, have overhauled the procedural framework for reporting, removing and sanctioning intellectual‑property infringement on electronic systems. Together with the earlier Minister of Law Regulation 47/2025, these rules impose specific obligations on platforms, ISPs and rights‑holders that did not previously exist under Indonesian law.

This guide translates those obligations into a practical, step‑by‑step playbook, covering evidence collection, takedown notices, DGIP administrative complaints, customs recordation and litigation escalation, so that brand owners can act decisively and in full compliance with the 2025–2026 regime.

Executive Summary: What This Guide Covers (and Who Should Read It)

This article is designed for in‑house IP managers, general counsel, brand‑protection teams and e‑commerce compliance officers operating in or exporting to Indonesia. It addresses three core questions: what has changed, what you must do now, and how to do it efficiently.

• What is new. Permenkum No.5/2026 introduces prescriptive rules on how electronic‑system operators (marketplaces, hosting providers and ISPs) must handle IP infringement reports. Ministry Regulation No.6/2026 updates patent‑related administrative procedures, while MoL Regulation 47/2025 established the foundational reporting process that the 2026 rules build upon.
• Who must act. Any rights‑holder with registered trademarks, patents, copyrights or industrial designs in Indonesia; any marketplace or platform operator accepting Indonesian sellers or buyers; and any ISP or hosting provider serving Indonesian content.
• Top five steps. (1) Detect and preserve evidence; (2) prepare and send a compliant takedown notice; (3) monitor platform response within prescribed timelines; (4) escalate to DGIP administrative remedies where platforms fail to act; (5) consider customs recordation and, where warranted, civil or criminal litigation.
• Templates and checklists. This guide includes an annotated takedown notice template, an evidence‑collection checklist, a comparison table of entity obligations and timelines, and a decision matrix for choosing the right enforcement pathway.

Online IP Enforcement Indonesia: The Primary Compliance Decision Rights‑Holders Must Make

Before filing a single report, rights‑holders should determine which enforcement pathway, or combination of pathways, best matches the severity, scale and urgency of the infringement. The decision matrix below provides a starting framework.

Recommended decision flow: Start with direct platform takedown for individual infringing listings. If the platform fails to act within its prescribed timeline, or if infringement is systematic, escalate to a DGIP administrative complaint. In parallel, record your IP rights with Indonesian Customs if counterfeit physical goods are involved. Reserve civil or criminal litigation for repeat offenders, high‑value counterfeiting operations, or cases requiring injunctive relief and damages.

Regulation Snapshot: Key 2025–2026 Rules for Online IP Enforcement Indonesia

Understanding which regulation applies, and when it took effect, is the first step in compliance. The table below summarises the three instruments that now govern the minister of law regulation IP infringement framework for electronic systems.

Rights‑holders should note that Permenkum No.5/2026 applies broadly to trademarks, copyrights, industrial designs and geographical indications on electronic systems, while Ministry Regulation Patent 6/2026 targets patent disputes specifically. Together they create an integrated framework that brand owners and their counsel must navigate as a unified compliance programme. For broader context on how to protect your intellectual property across borders, GLE’s cross‑border guide is a useful companion resource.

Step 1: Detect and Preserve Evidence for Online IP Enforcement Indonesia

Effective enforcement begins long before a takedown notice is sent. Evidence that is properly collected and preserved at this stage determines whether a complaint will succeed at the platform, DGIP or court level.

Online Monitoring Checklist

• Marketplace sweeps. Conduct regular keyword searches on Tokopedia, Shopee, Bukalapak, Lazada and TikTok Shop using your brand names, product codes and common misspellings.
• Social media monitoring. Track Instagram, Facebook Marketplace, WhatsApp Business and Telegram groups for infringing product offers.
• Domain and website scans. Use WHOIS lookups and automated brand‑monitoring tools to identify infringing domains or phishing sites targeting your brand.
• App store monitoring. Check Google Play Store and Apple App Store for apps that misuse your trademarks or copyrighted content.

Evidence Preservation Requirements

Industry observers recommend that brand owners conduct test purchases where feasible, receiving and documenting a physical counterfeit product substantially strengthens both administrative and litigation cases. All evidence should be preserved with unbroken chain‑of‑custody documentation, including the name of the person who captured the evidence, the device and browser used, and the exact date and time.

Step 2: Takedown Notice Indonesia, How to Prepare and Send

Under Permenkum No.5/2026, a takedown notice Indonesia must contain specific elements to be considered valid by a platform or ISP. Omitting any required element may delay or invalidate the complaint.

Required Takedown Notice Content

1. Claimant identity. Full legal name, address, contact information and capacity (rights‑holder, authorised representative or licensee). If represented by counsel, include a power of attorney.
2. Proof of rights. Copy of the Indonesian trademark registration certificate, patent grant, copyright registration, or industrial design certificate issued by DGIP. For foreign registrations, include evidence of Indonesian filing or registration.
3. Identification of the infringement. Specific URLs, listing IDs, product titles, and seller/merchant details of each infringing item.
4. Description of the infringement. A clear, concise statement explaining how the listed products or content infringe the claimant’s IP rights.
5. Supporting evidence. Screenshots, test‑purchase results, side‑by‑side comparisons of genuine and infringing products, and any additional documentation.
6. Declaration statement. A good‑faith declaration that the information provided is accurate and that the claimant is authorised to act on behalf of the rights‑holder.

Sample Short Notice for Marketplaces

For marketplace platforms such as Tokopedia or Shopee, use the platform’s built‑in IP‑reporting form where available. In addition to completing the form fields, attach a cover letter that includes all six elements listed above. The cover letter should reference Permenkum No.5/2026 explicitly and state that the platform is legally required to verify and act on the complaint within the timeframe prescribed by the regulation.

Sample Long Notice for ISPs and Hosting Providers

For ISPs and hosting providers that do not operate a dedicated IP‑reporting portal, send the takedown notice indonesia by registered email or physical mail. The notice should be substantially more detailed, including: a full description of the infringing website or content; technical evidence such as IP addresses, domain registration data and server location; and a specific request that the ISP disable access to the infringing content. Reference the DGIP takedown procedure and Permenkum No.5/2026 obligations, and state that failure to act may result in an administrative complaint to the Ministry.

For a deeper exploration of notice‑drafting techniques, GLE’s forthcoming guide on how to draft an effective takedown notice under Indonesian rules will provide annotated templates and worked examples.

Step 3: Platform and ISP Obligations and Timelines, Ecommerce Platform Liability Indonesia

Permenkum No.5/2026 places specific legal obligations on electronic‑system operators when they receive a valid IP infringement complaint. Understanding ecommerce platform liability Indonesia is essential for both rights‑holders (who need to know what response to expect) and compliance teams (who need to meet prescribed deadlines).

Counter‑Notice and Seller Appeal Process

Under the 2025–2026 framework, sellers whose listings are removed have the right to submit a counter‑notice disputing the infringement claim. Rights‑holders should anticipate this possibility and prepare rebuttal evidence in advance. If a counter‑notice is filed, the platform may reinstate the listing unless the rights‑holder escalates to the DGIP administrative route or initiates legal proceedings within the prescribed period.

Compliance Checklist for Platform Teams

• Establish a dedicated IP‑complaint intake channel with defined SLAs aligned to regulatory timelines.
• Train moderation staff on the minimum content requirements of a valid notice under Permenkum No.5/2026.
• Implement a counter‑notice workflow with documented response timelines.
• Maintain records of all notices, actions taken, and seller communications for potential DGIP audits.
• Designate a legal officer responsible for liaising with DGIP when administrative instructions are received.

Step 4: DGIP Administrative Route, The DGIP Takedown Procedure

When a platform fails to act on a valid notice, or when infringement is systematic and platform‑level remedies are insufficient, rights‑holders should escalate to the Directorate General of Intellectual Property. The DGIP takedown procedure provides an administrative mechanism that can compel platform action.

How to File an Administrative Complaint with DGIP

1. Prepare the submission. Compile all evidence gathered in Step 1, the takedown notice sent in Step 2, proof of the platform’s failure to respond or act, and copies of your IP registration certificates.
2. Submit online or in person. DGIP accepts complaints through its online portal at dgip.go.id or at its offices in Jakarta. Online submission is recommended for speed and documentation.
3. DGIP verification. Once the complaint is received, DGIP verifies the rights‑holder’s standing and the completeness of the evidence. Early indications suggest this verification step typically requires several business days, depending on complaint volume and complexity.
4. Platform instruction. If DGIP determines that infringement has occurred, it issues an instruction to the electronic‑system operator to remove or delist the infringing content.
5. Appeal and mediation. Either party may seek mediation through DGIP if the outcome is disputed. DGIP may also facilitate direct negotiation between the rights‑holder and the alleged infringer.

DGIP Administrative Timeline

The DGIP administrative route is particularly valuable when dealing with repeat infringers who re‑list products after platform‑level removals. A DGIP instruction carries greater weight than a private notice and may result in account‑level sanctions against persistent sellers. For rights‑holders unfamiliar with DGIP processes, GLE’s intellectual property guide provides useful background on administrative remedies across jurisdictions.

Step 5: Customs Recordation and Border Measures for Counterfeit Goods

Online IP enforcement Indonesia should not operate in isolation from physical supply‑chain controls. Customs recordation counterfeit indonesia measures allow brand owners to intercept counterfeit goods at the border before they reach online or offline marketplaces.

How to Record IP with Indonesian Customs

• Prepare documentation. Gather your DGIP registration certificates, product catalogues showing genuine products, a list of authorised importers and distributors, and intelligence on known counterfeit shipment routes.
• Submit recordation application. File with the Directorate General of Customs and Excise (DJBC) under the Ministry of Finance. Include details of your IP rights, images of genuine products and known counterfeit variants, and contact information for your authorised representative in Indonesia.
• Maintain and update records. Recordation must be renewed periodically and updated whenever product lines, authorised distributors or registration details change.

Combining Online Evidence with Physical Seizure Requests

Evidence collected during online monitoring (Step 1) can directly support customs seizure requests. Screenshots of online listings, seller communications referencing shipments, and tracking numbers identified through test purchases all help Customs officers target suspicious shipments. The likely practical effect of integrating online and offline enforcement is faster identification of counterfeit supply chains and more effective interception at ports of entry.

Step 6: When to Escalate to Litigation or Criminal Complaints

Administrative and platform remedies address most online infringement scenarios efficiently. However, certain situations warrant escalation to civil litigation or criminal referral.

Criteria for Escalation

• Repeat infringement. The same seller or network reappears after multiple takedowns and DGIP instructions.
• High commercial value. The scale of counterfeiting causes significant financial harm or brand damage.
• Injunctive relief needed. A court order is required to prevent ongoing or imminent harm that administrative remedies cannot address.
• Criminal conduct. Counterfeiting at industrial scale, involvement of organised networks, or fraud targeting consumers.

Litigation Considerations

Industry observers expect that the 2025–2026 regulatory framework, by creating clearer administrative remedies, will reduce the need for litigation in routine cases, but for high‑value and systematic counterfeiting, court proceedings remain essential. Businesses expanding into the Indonesian market may also benefit from reviewing GLE’s Indonesia foreign investment guide for related regulatory context.

Comparison Table: Reporting Obligations and Timelines by Entity Type

The following summary table consolidates the obligations and typical response timelines across all enforcement channels discussed in this guide.

Practical Annex: Checklists, Templates and Sample Forms

To assist rights‑holders in implementing each step of this guide, the following resources are recommended as part of a complete online IP enforcement Indonesia programme.

Takedown Notice Template

A model takedown notice incorporating all six required elements under Permenkum No.5/2026 is available for download. The template includes field‑by‑field annotations explaining what information must be provided and common errors to avoid. Contact an IP lawyer through the GLE directory to have your template reviewed for jurisdictional compliance.

Evidence Chain Checklist

• Date, time and timezone of each evidence capture
• Name and credentials of the person who captured the evidence
• Device, browser and operating system used
• Full URL and page title at time of capture
• Timestamped screenshots saved in unedited format (PNG or PDF)
• Wayback Machine or other web‑archive links where available
• Test‑purchase receipts, tracking numbers and product photographs

Customs Recordation Cover Letter

A sample cover letter for customs recordation applications should reference the brand owner’s DGIP registration numbers, list authorised importers, and provide images of both genuine products and known counterfeits. GLE’s forthcoming guide on using customs and border measures to stop counterfeit shipments into Indonesia will provide a full annotated template.

Payment Processor and Marketplace Notices

In cases where infringers operate through payment gateways (e.g., OVO, GoPay, Dana), a separate notice to the payment processor requesting account review may be warranted. Include evidence linking the payment channel to the infringing listings and reference the relevant regulatory framework.

Conclusion: Strengthening Your Online IP Enforcement Indonesia Programme

The 2025–2026 regulatory reforms, centred on Permenkum No.5/2026 and Ministry Regulation No.6/2026, represent a significant strengthening of online IP enforcement Indonesia. For the first time, electronic‑system operators face clear, prescriptive obligations to verify and act on infringement complaints within defined timelines. Rights‑holders who build systematic detection, documentation and escalation workflows now will be best positioned to protect their brands in Southeast Asia’s largest digital market. The practical steps, checklists and decision frameworks outlined in this guide provide a foundation for an effective, regulation‑compliant enforcement programme. For tailored advice on your specific situation, consult a qualified Indonesian IP practitioner through the GLE lawyer directory.

This article provides general information on Indonesian IP enforcement procedures and does not constitute legal advice. The regulatory framework described is specific to Indonesia and current as of June 2026. Rights‑holders should seek jurisdiction‑specific counsel before taking enforcement action. Last updated: 7 June 2026.

Sources

1. Ministry of Law & Human Rights (Kementerian Hukum dan HAM), Official Site
2. Directorate General of Intellectual Property (DGIP)
3. SSEK Law Firm, Indonesia Introduces Updates to Patent, Trademark and Online IP Enforcement Regime
4. MAULANA & Partners, Report IP Infringement: Regulation MoL 47/2025
5. GOV.UK, IP Enforcement in Indonesia
6. Rouse, Indonesia IP Enforcement Manual
7. Sevenstones Indonesia, Protecting Digital Intellectual Property