INDONESIA Law and Practice Contributed by: Agus Ahadi Deradjat (Agung), Gustaaf Reerink, Adri Dharma, Karina Widyaputri and Ilma Sulistyani, ABNR Counsellors at Law
Although registration is not required to obtain copy - right protection, recordation with the DGIP is strongly recommended to establish legal certainty and facili - tate enforcement. Copyright Recordation Process 1. Application submission – via DGIP’s online system in Indonesian, including application form, copy of the work, identity documents, and statement of owner - ship. 2. Verification – DGIP reviews originality and com - pleteness. 3. Certificate issuance – DGIP issues a certificate upon approval. Foreign applicants must appoint a registered Intellec - tual Property Consultant. Enforcement includes civil and criminal remedies. 7.5 Others Software Protection Software is protected under the Copyright Law as a literary work, with automatic protection upon creation. A computer program is defined as a set of instructions expressed in the form of language, code, schemes, or any other form intended to enable a computer to per - form a specific function or produce a particular result. Software is protected for 50 years from the date of first publication. Database Protection Databases are also protected under the Copyright Law, specifically for their structure and organisation, not the raw data. Protection lasts 50 years from the date of first pub - lication. Trade Secrets Trade secrets are governed by Law No 30 of 2000 on Trade Secrets, which protects confidential business information with economic value. A trade secret is defined as information in the field of technology and/
or business that is not publicly known, has commer - cial utility, and is subject to confidentiality measures. The scope of protection includes: • production methods; • processing techniques; • sales strategies; and • other proprietary business or technical information. Protection is automatic and remains valid as long as confidentiality is maintained. No registration is required. Enforcement includes civil and criminal remedies. Personal data protection in Indonesia is primarily gov - erned by Law No 27 of 2022 on Personal Data Pro - tection (“PDP Law”), which serves as the country’s principal legal framework for regulating the processing of personal data. This includes activities such as the collection, use, storage, and disclosure of personal data. The PDP Law is substantially modelled on the European Union’s General Data Protection Regulation, reflecting Indonesia’s commitment to aligning its data protection standards with global best practices. 8. Data Protection 8.1 Applicable Regulations The PDP Law officially came into force on 17 October 2024, marking a significant milestone in Indonesia’s digital governance landscape. Since its enactment, the Indonesian government, through the Ministry of Communication and Digital (MOCD), has been tasked with overseeing its implementation. The government is currently developing a Draft Government Regula - tion on Personal Data Protection, which will provide detailed guidance on the implementation and enforce - ment mechanisms. However, as of mid-2026, no definitive timeline has been announced for the finali - sation of this implementing regulation. In addition to the PDP Law, personal data protection requirements are also stipulated under:
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