INDONESIA Law and Practice Contributed by: Agus Ahadi Deradjat, Gustaaf Reerink and Adri Dharma, ABNR Counsellors at Law
with the Directorate General of Intellectual Property (DGIP) of the Ministry of Law, except for copyright (for which protection is not based on recordation but rather on declaration). However, it is strongly recommended that a copyright owner also record the copyright, and obtain notifica - tion of recordation evidencing ownership thereof, in case future proof is required. Notification of copyright ownership from the DGIP would constitute strong evi - dence of ownership for the copyright owner. For trade marks, geographical indication, industrial design and patents, the DGIP will examine the matter (administratively and substantively) before granting IPR protection. 11.2 Intellectual Property Protections As long as the owners have duly registered their intel - lectual property with the DGIP (except for copyright), the intellectual property will be protected by the IPR Law, and the authority will be evidenced by IPR reg - istration or recordation with the DGIP. Some difficulties experienced by owners in obtaining protection for their intellectual property are caused by similarities between IPRs registered or recorded with the DGIP prior to submission by the owners. An intellectual property owner that wishes to obtain IPRs in Indonesia but finds that its IPR has been reg - istered in the general registry of the DGIP must first file a cancellation lawsuit against the IPR registration with the commercial court (against the name of the regis - tered party) and prove intellectual property ownership to a panel of judges. If the lawsuit is successful, the registered IPRs will be cancelled, and the new owner can apply for IPRs to replace the cancelled ones. There are no limitations on protection or the enforce - ment of the IPR Law in Indonesia, as long as the IPRs are registered or recorded (and still valid) in accord - ance with the applicable IPR laws. The protection of AI-generated works remains unclear due to the absence of explicit provisions within the IPR Law. This ambiguity arises from the lack of clarity regarding the identity of AI creators and the owner -
ship of AI-generated works, as the AI programmes themselves create new content, generate information and derive ideas based on the recognition of patterns in data. This complicates the establishment of legal protection for such works. 11.3 Data Protection and Privacy Considerations Personal data protection in Indonesia must follow the provisions in Law No 27 of 2022 on Personal Data Protection (the “PDP Law”) and, for personal data pro - cessing in electronic systems, Law No 11 of 2008 on Electronic Information and Transactions, as amended by Law No 1 of 2024 (the “EIT Law”), as well as its implementing regulations including Government Reg - ulation No 71 of 2019 on the Provision of Electronic Systems and Transactions (GR 71/2019). The PDP Law is effective as of 17 October 2024. Following the enactment of the PDP Law, the Indonesian govern - ment has been working on the Draft Implementing Regulation for Law No 27 of 2022 on Personal Data Protection, which is intended to provide further guid - ance on the PDP Law’s implementation and enforce - ment. However, as of the fourth quarter of 2025, there is no clear timeline for its finalisation. Pursuant to the PDP Law and GR 71/2019, personal data is defined as data on a person who is identified or identifiable, separately or in combination with other information – either directly or indirectly – through an electronic system or via non-electronic means. Given this definition, the term “personal data” has a broad interpretation and includes any data attributable to an individual capable of being used to identify them. The PDP Law acknowledges several lawful bases for personal data processing: • consent of the data subject; • contractual necessity; • for compliance with the data controller’s legal obligations; • to protect the vital interests of the data subject; • if it is in the public interest – ie, for the provision of public services or for the exercise of lawful author - ity; and • legitimate interest.
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