INDONESIA Law and Practice Contributed by: Agus Ahadi Deradjat (Agung), Mahiswara Timur, Nina Cornelia Santoso and Natasya Nurul Amalia, ABNR Counsellors at Law
9.2 Regulatory Bodies The MOCD acts as the primary regulatory body overseeing the gaming industry. With regard to game classifications, MR 2 grants the MOCD the authority to: • revoke a game classification if it is found that the self-assessment result is non-compliant; and • enforce administrative sanctions in the form of written warnings, temporary suspension and access blocking. The EIT Law and MCIT Regulation No 7 of 2016 on Administration of Investigation and Prosecu - tion of Criminal Acts in the Field of Information Technology and Electronic Transactions also grant authority to civil servant official investiga - tors to investigate criminal acts in the field of IT and electronic transactions, including instruct - ing the ESO to temporarily terminate access to social media accounts, bank accounts, elec - tronic money and/or digital assets. The authority is currently very active in enforcing gambling prohibitions, especially in relation to online games. Based on a press release issued by the MOCD, they have blocked access to 5.5 million pieces of online gambling content as of December 2024. 9.3 Intellectual Property Game developers in Indonesia may encounter several IP challenges that can impact their crea - tive processes and business operations. Com - mon key challenges include the following. • Copyright infringement: The unauthorised use or reproduction of game assets, such as graphics, music and code, is prevalent and undermines developers’ IP rights. This issue
is often driven by insufficient legal deterrents and a lack of public understanding or aware - ness of copyright protections. • Trade mark disputes: Disputes can com - monly arise when brands, characters or titles are used without proper registration or due diligence due to the first-to-file system in Indonesia, which may lead to bad-faith trade mark registrations. • Piracy (unauthorised distribution): The unau - thorised distribution of games, both physi - cal and digital, remains prevalent due to the availability of pirated platforms and insuffi - cient monitoring of digital marketplaces. • Lack of enforcement and/or awareness of IP protection: Copyright registration is not mandated by regulations, which may give rise to weak enforcement mechanisms and limited awareness of IP rights among consumers and businesses, undermining the protection of developers’ rights and allowing IP violations to persist. IP Rights for Creators in Virtual Environments Under Indonesian law, creators can take several measures to protect their IP if violations occur. • Civil measures: Creators may issue a sub - poena to the party engaging in infringement, requiring them to cease the violation and provide compensation. If such infringement persists, the creators have the option to initi - ate a civil lawsuit in the Commercial Court or arbitration (if agreed upon by the parties) to seek the restoration of their rights and claim damages. • Administrative measures: During the registra - tion of an IP, there are several administrative measures that can be taken by creators to protect their creations. For instance, in case of a trade mark, creators may file an appeal or objection to registration or decisions per -
162 CHAMBERS.COM
Powered by FlippingBook