COMPILATION

Law No.6 of 1982 Concerning Copyright
As Amanded By Law No.7 of 1987
And
Their Implementing Regulations

Directorate General of
Copyrights, Patents and Trademarks
Ministry of Justice
Jakarta

LAW NO. 6 OF 1982 CONCERNlOO COPYRIGfIT
AS AMENDED BY LAW NO. '7 OF 1987

CHAPTER I
GENERAL PROVISIONS

Part One
Meaning of Several Terms

Article 1

Under this law :

a. Author, shal l mean a person or several person jointly upon his/their i nsp i rat i on has/have p roduced a creation based on intellectual capability. imagination dexterity, adroitness or skilfulness, which has been mani fested In a dis ti n ctive form and is personal in nature;

b. Copyright Ho lde r the author as owner of the copyright, or

received such right from the Author, or any having fu r t he r received such right from the aforesaid person:

Ie. Work --

c. Work shall mean the result of. an author^'s work In any distinctive field of science. rts . and literature;

d.

Publ i c i t y shall announcement. broadcasting , or spreading of whtever means and in such manner so that such work cou ld be read, heard or seen by any other person;

e.

Reproduction shall mean to increase the amount of a creation in the same or s imi l ar manner or in a manner resembling such creation by using the same or di f f e rent materials, including to reshape a creation.

f.

Photograph silall mean any picture t,,}:en by whatever means and with w ha t soever equipment of the face of a person wh i ch has been portrayed either together with ot wi t hout

other parts cf the body;

g. Computer program shall mean a prog r am which has been spec ially created to enable a computer to carry out certain functions.

/Par t 1\1,'0 --

Part Two
Function and Nature of Copyright

Article 2

Copyright sha l l -mean the exclusive right of the author or the recipient of a right to publish or reproduce his works , or to give permission therefor without prejudice to the res t rictions pursuant to the prevailing laws and regulations.

Article 3

1. A copyright shall be dee me d as a movable object.

2. A copyright may be assign ed In whole or in part due to

a.

inheritance;

b.

legacy;

c.

testamentary wi 11 ;

d.

becomes state property;

e.

an agreement made by a deed, provided that such agreement only con ta ins the authority as contained in such deed.

Article 4

A copyrigh t which is owned by the author, likewise any copyright which has nev er been published and upon the demise of the author concerned becomes the property of the heir or beneficary, cannot be confiscated.

Part Three
Autho r
Article 5

1. Unless proved otherwise, the person,. dee me d as the Ruthor

shall

be:

a.

the person whose name is registered in the general register of copyright and in the official pub 1 i ea t ion concerning registration at the Ministry of Justice as me antin Artic 1 e 29.

b.

the person whose name is co nta i ned in a work OT announced as the author of a work.

2. Unless prO'.'cd otherwise, the person presenting a le;-;ture

shall be considered as the author if such lecture is made verbally [lnd three is no notification of the But:lor's name.

Articl e 6

In the event a work consists of several separate pa rts created by two or more person, then the author shall be the person who has directed and supervised the full complet icn of

'

such work , or if there is no such person, the person compi led the same, without pre jud ice , to the copyr ight of the

respective parties on their portion of the work.

jArticle 7 --

Article 7

In the .event work is designed by an i ndividua l , and worked out and materialized by another person under the

direct ion

of the designer, then the author

shall be the of such work.

Article 8

1. In the event a work is created within the framework of an officia l rel at ionship with another party in the same work environment, then the party for whom anJ under whose jurisdiction such work is created, shall be the copyri ght holder, unl ess another arrangement has been made between the two parties, without prejudice to the right of the producer as author if the utilization of such work ex ceeds the official relationship.

2. In the event a work is prod uced In the frame work of a work rel a t i onship with another party within the same work environment, then the party producing such design as the author shall be the copyright holderr , unles agreed otherwi se by both parties.

Art icle 9 In the event a legal entity

that a work or I g I

nates			from	it		without			stating		any		individual			as	the	author,
then	such legal						entit y		shall	be		deemed		as	the	author		of	such
work,		unless			proved			otherwise.

Part Four
Copyright of Works of Unknown Authors
Article 10

(1) The stat e shall hold the copyright of prehistorical and historical works and other national cultur al objects.

(2) 8. CUl tural products· of society wh i c h become comrron

property such as folklores, n:rratives, fairy tales, legends, chronicles, folksongs, handicraft, choreography, folkdances, calligraphy and other art works shall be preserved and protected by tht: stste.

b. The state shall hold the copyright on works ref,'l'ed to in r ag raph 2 (a) of foreign countries

(3) Fur t her prOV1Slons concerning co pyrig hts held by t he state as ant in this Artic l e shal l be further regulated by Government Regulations.

Article lOA

If the author of a work is unknown, the State shall hold the copyright on such work, unless proved ot.herwise

/part FiVe --

Part Five
Works Protected by Copyright
Article 11

(1) Un der				this			law,			works				which						are			prot ect ed					shall				be	works
In	the				field			of			sciene,					arts						and			literat ure						which		cover
the			following
(a) Books ,						pamphlet s							and				all				ot her					writ ten				works;
(b)		Discourses,							lectures,									speeches ,									etc;
(c)		Performances										such			as				music,					Javanese					gamelan				music

(karawit an), dramas, dances, puppet shows wayang) , pantom imes , and broadcasting work inter a1 ia for radio, televis ion, and film, as well as video recordIngs; (d) Choreography, songs and mus i c composit ions wth or wit hout lyrics and voice or sound recordings; (e) All forms of arts and crafts such as paintings, sculptures , statues and calligraphy for which protection is regula ted in Art icle 10 paragraph (2); (f) Batik art; (g) Architectural works; (h) Maps; (i) Cinematographical works; (j) Photographical works; (k) Comput er Programsj (1) Translations, interpretations, adaptations, and compilation of ant hologies.

(

(2) Translat ions, interpretations, adaptation, films, record

lngs, music arragements, compilation of-several other met hods of reproduction in the form of of the original works, shall be protected as separate works, without prejudice to the copyright of the original

works.

(3) Protect ion as referred to in paragraph (1) and pafElhraph (2), shal l include al l works which have not or art not yet published, however, constitutes a concre t e entity which allows the reproouction of such works.

Article 12

No Copyright sh... ! 1 be g1 yen on :

(a) The results of any open meetings of the Highest State Institutions and Higher State Institut ions as we:i l as other constitutional institutions;

(b) laws and regulations;

(c)

court judgements and judicial decrees;

(d)

state addresses and speeches of goverment officials;

(e) arbitral awards.

jPart Six --

Part Six
Restriction on Copyright

Article 13

The following shall not be de eme d as i nfringement of copyright :

(a)

Publ ication and reproduction of the state symbol and nati onal anthem according to the original form;

(b) Any and all publica tions and reproductions by or on behalf of the government, unless such copyright IS deciared to be protected either by the rules and regulations or with a notice on the work itself or upon the publication of such work;

(c) Any excerpt, either partially or In fu l l , of news items froms news agencies, radio or television broadcasting agencies and newspape r after 1 x 24 (one times twentyfour) hours as of the publ i cations of such news item and its source must be sta ted in full.

Article 14

Provided that the source is st ated in full, the following shall not be deemed as infringement of copyright :

(a) The excerpt of a c reat i on of any other party up to 10 % (ten pe r cen t ) of the aggrega te entity of such creation, as material to elucidate a ma t ter Which is being present

ed;

(b)	The	excerpt				of		a	creat ion				of ,e.ny	other	'party		either
	partially			or			In	full			for	defense		purposes		within		or
	outs ide		the		court			of		justice;

(c) The excerpt of a creation of any · other party either partially or in full for :

1. lectur es which are held solely for the purpose of

education and science;

2. Free-of-charge exhibitions or displays.

(d.) Reproduct i on of any work in brf.ille in the field of

science, ar ts and literature for the bl ind, unles.s .such

reproduction is for commercial purses;

(e) Limited reproductions of, a work by photocopy or any si mi l ar process by a publ ic library, scientific or cuca

tional institution or a non-c()l':l1nercial document:ltion center solely for its activitiesj

(f) Modification of any architectural works such as a constructio n design on the basis of technical consi.:erationsi

(g) Making a reserve copy of a Computer Program by the :)vm er

'
.of the Computer Progra:m· solely for pe rso nal use.

/Article 15 --

Article 15

(1) For the of educat ions, SCIence, research ·and deve lopmen.t act ivi ties, any work which is given copyright

protection and for 3 (three) years as of its pUblication such work has not been translated into Indonesian or reproduced in the territory of the Republic of Indonesia, the Government may after having heard he considerations of the Copyright

(a) Obligate the Holder to undertake the translation and/or of such work himself In

the territory of the Republic of Indonesia within a specific pe riod.

(b) ObI igate the relevant" Copyright Holder to percli t any other person to translate and/or reproDuce such work

territory of the Republic of Indonesia within in the event the relevant Copy

right Holder does not undertake himself or declares

his unwillingness to undertake himself the obligation

as referred to in letter a.

(c) Undertakes the translation and/or reproduction of

such work himsel f, in the event the Copyright does not perform his obligation as referred to In

letter b.

(2)

The implementation of the pro\:"i.sions referrd to in paragraph (1) letter b and l e tter c shall include a renumerat ion of which amount sh 11 be determined by the Government.

(3)

Further implementation of the provisions as referred to in paragraph (1) and paragra ph (2) shall be regulated by the Government Regulation.

Article 16

The Government, after having heurd the considerat j on of the Copyright Council, may proh i bit the publication of each work which contraveness government Ilicies in the fitld of national defense and security , morality as well as _,r;ublic order.

Article 17

(1)

Any publication of a work through radio or television broadcasts conducted by the Government for national interest may be made without requiring the prIor consent of the Copyright Holder, provi de d that such Copyright Holder is given reasonable compensation.

(2)

Any radio or television broadcasting ager.cy which is aUthorized to pub liciz e a work as referred to in puragraph· (1), shall be authorized to preserve such work by USIng its own equipment and solely for its own radio or

television b roadcas t . provided that such broadcasting

agency shall give reasonable compensat ion to the relevant

Copyr ight Holder for subsequent broadcasts.

Ar tic 1 e' 18.

(1)

The Copyr ight Holder of a photograph of an intlividua l shall, fo r the purpose of reproducin g or publishing such work. obtain the

prior conse n t of the person portrayed, or within 10 (ten) years time after the dem ise of t he person so portrayed . the consent of his heirs.

(2) In the even t a photograph con t ain s 2 (two) or more per sons. then, for the reproduction or pub l i cat i on of each person so po rtrayed . if such publication or reproduction also contains o the r person In the photograph, the copyright holder must obtain the prIor consent of those portrayed. or within 10 (ten) years after the demise of the persons concerned. must ob ta i n the consent of the respective heirs.

(J)

This art i c l e shall only apply to photographs taken :

(a)

upon the personal request of" t he person portrayed:

(b)

upon a request made on behalf

of the person por

trayed:

(c') for the int e res t of the person portr ayed .

/AIt i cleI 9

Article 19

In the event a photograph is taken :

(a)

without the consent of the person portrayed:

(b)

wi t hout the consent of another person on behal f of t he per son por trayed ;

(c)

not in t he interest of the person portra/ed;

then Copyright Holder of "such photog raph shall not be al lowed to publ ish the same, if such publ icat ion contravenes the proper interest of the person portrayed. or if suc h prson has passed away. the proper interest of any of h i s heirs.

Art icle O

Unless declared otherwise by the person concerned. anv photograph of one or more a ctors in a public performance for the purpose of publ icity. even though such perfo rmance 15 commerc i al in nature, shall not be considered as a copyr:Jht infringement.

Article 21

For the interest of pu bl ic order andlor for the pur0)se of cr imina l court proceedirigs. the photograph of a pe r son In any condition whatsoever may be reproduced and published by the competent" authorities.

/Article 'l')

Art icle 22

Unless otherwise agreed between the Copyright Holde"r and owner of a work in the form of a photograph, ture, architectural work , sculpture or any other the oWner shall be entitled, wi thou t the consent of the copyr ight holder, to display the work in an exhibi t ion for the pub l ic , or to reproduce t he same in a cata l ogue, without prej udi ce to the provis ions in Article 18 and Article 19, In

the event such art work is in the form of a photograph.

Article 23

Unless ot herwise agreed between the author and copyright holder, the author of any sculpture or paint ing shall remaIn entitled to produce the same work, eventhough the author has assigned the copyright to another person .

Article 24

(1) The author or his hirs shall be entitled to demand the copyright holder to include the author's name on his

work.

( 2 ) (a) It is proh ib i ted to make any changes on a work, except with the consent of the aut hor or his he i rs.

(b) In the event the author has ass igned his copyright t o anot her person, then, any changes to be made sha l l require the consent of the author during his lifetime

and the consent of his heirs after his demise.

(3) The provisions referred to in parCigraph (2), shall also apply to any change in the title or subtitle of anY'i.'C)rk, insert ion and change of name or pseudonym of the author.

(4) The aut hor srud 1 remain ent it led. to make any change.'.> on h i s work in accordance with public propriety.

Article 25

(1)

The copyright of a work shall remain wit h the aUlhor concerned so long as the entire copyright has not been assigned to the buyer.

(2)

Any copyright which has been sold either completely or partially shall not be sold for the second time by the same seller.

(3)

In the event a dispute arises between several buyers of the same copyright of a work, then protection shall be given to the buyer having first obtained such copyright.

/ CHAPTER 'f\I,O --

aIAPTER TiO
DURAT I ON OF COPYRl GIn'
Article 26

(1)

Copyright on the foll owing works

(8)

books, pamphlets and all other written works;

(b)

choreography;

(c)

all forms of arts and crafts such as paintings, sculptures and statues;

(d)

batik art s;

(e) songs and musical compositi ons with or wi thout lyr i cs ;

(f)

architectural works.
shall be valid for the life time of the au thor and shall
remaIn valid for SO (fifty) years after the death of the
au thor.

(2)

For works referred to in paragraph (1) which are oed by 2 (two) of more persons, the copyright shall be valid for

the	li fet ime			of	the	surviving			author		and	shall		re ma in
valid		for	50	(fifty)			years	after		the		death	of	such
author.

Article 27

(1)

Copyright on the fo llowing works

(a)

performances such as

folk songs, dramas. dances, puppe t shows, pantomimes and broadcast works, int e r alia for radio, te l evisi on and fi 1m as we 11 as video recordings;

(b)

discourses, lecture, speeches, etc.;

(c)

maps j
"( d) c i nematogr aph i c works;

(e) vo i ce or ound recordings:

(f) translation anrl interpretlltionj shall be valid for 50 (f i fty) years as of the first

publ ication.

(2) Copyright on the follow ing works

(a) photographic works:

(b) computer programs;

(c) adaptations and compilations of ant hology;
shall be valid for 25 (t wenty five ) years as of the first

"

pub l i cation.

(3) The copyright on works referred to in A rt i cle 26 faregraph (1) and Art icle 27 paragraph (1) wh ich are OTIcC or

held by

1. a legal entity , shall be valid f or 50 (fij"ty) years as of the first publ i cation, except for COPYl"ight referred to in Article 27 paragraph (2) wh i ch shall be val id for 25 (twenty fi ve) years.
2. The term of the copyright of a work wh i ch has been publi shed par t by pa rt shall be effective as of the date of publication of the last part.

Article 28

(2) In de termining the terms of the copyright of a work which cons ists of. 2 (two) volumes or more, including summaries and news items which are not printed simultaneously, then each vo 1um'e or summary and news item sha 11 be deemed as a sep£.rat e work.

CHAPTER I I I
REG! STRATION OF COPYRIGHT

Artic le 9

(1)

The M i nistry of Justice shall conduct the . rgistration of works in the general register of copyright and of fici

el publication concerning such registration .

(2)

Such general register of copyright may be i n spe c t ed by any person free of charge at the Ministry of Justice.

(3)

Any person may obt ain for h i s own use an . excerpt from such general register of copyr igh t by paying he fee which has been determined by the Minister of Justice.

Art icle 30

The registration of a copyright In the general reiister of copyright shall not be const rued as a ratification on the contents, meaning or shape of such copyright.

/ Ar tic 1e J 1

Article 31

(1)

The registration of a copyright in the general register of copyright shall be made upon the submission of an application by the author or copyright holder.

(2)

The application for the registration of a copyright shall to be submitted in duplicate and in the Indonesian language the Minister of Justice along with :

(a)

the registration fees as determined by the Minister of Justice ;

(b)

a sample or duplication of the work.

(3)

Further provisions concerning the registration of a copyright shall be stipulated by the Minister of Justice.

Article 32

The application for registration of a copyright which has been made on behalf of more than one persons and/or legal entities shall be allowed provided that such persons or legal bodies are jointly entitled or have stated their agreement in writing that they are jointly entitled to such work and a certified copy of such deed or written statement evidencing such matter must be submitted to the Ministry of Justice which conducts such registration.

/ Article 33 --

Article 33 The general register of copyright shall contain inter al ia

(a)

date of receipt of the application;

(b)

date

completion of requirements pursuant to the provisions of Article 31;

(c) copyright registration number.

Article 34

(1)

The registration of a copyright shall be deemed to be

made upon the receipt of the registration application at the Min i stry of Justice in full, pu rsuan t to the provi sions of Article 31, or upon rece i pt of the registration application in full pursuant to the provisions of Article J1 and Article 32 if the registration application is filed by more than one person or entities as referred to in Article 32.

(2)

The registration referred to in paragraph (1) shall be

published in the Supplement to the State Gazette of the Republic of Indonesia by the Ministry of Jus tice.

(3) In the event a registration application is filed in full as meant in paragraph (1) within 1 (one ) year following the first publication of a work, then such registration &pplication shall be deemed to have been filed at the

publication of such work.

/Article 35 --

Art icle 35

(1) The assignment of right of a copyright registration

.

has been registered In accordance wi th Article 33 imder one number, shall be permitted if all rights on the entire copyright registered there for IS assigned to the

ass I gnee .

(2) Such assignment of right shall be record ed in the geI.cral register of copyright upon the written requirest of oth parties or the assignee.

(3)

The Minist e r of Justice sha l l determine the fee for the registration of such assignment of right.

(4)

The registration of such assignment of right shall be published in the Supp l ement to the St ate Gazet te of the Republic of Illdonesia by the Mini s t ry of Justice.

Article 36

(1) If a copyr i ght which has been registered accord.:l.:"lCe wi th Article 31 and Artic le 33 does not comply with the provisions referred to in Article 13, Artlcle 14, letL:rs a, b, c, e, f and g, Art icle 19, Article 20, Article 21 and Article 23, then another person who purs uant ro Art i c le 2 is ent it led to the copyright may institute a legal proceeding at the Dis t r i ct Court of Central Jak('..rtB by SUbmitting a c l aim signed by the applicant himse lf or ·his attorney, for the cancellation of such copyriht

registration.

(2) Such claim must be f il ed by the paintiff within 9 ( nine ) months after publication in the Supplement to the State Gazette of the Republic of Indonesia as meant in Article

34.

(3) Upon the expiry of the time limit referred pa ra graph (2), such claim for cancellation of the copyright registration may still be filed if the right of the plaintiff is evidenced by a court judgement which has obta ined permanent legal force.

Article 37

(1) Any change of name or address of a pe rson or legal entity whose name has been registered In the general register of copyright as the author or copyright holder, shall be recorded

the genera l register of copyright u{X)n the written requirest of the author or copyright holder of such name and add ress , and payment of the fees as determined by the Minister of Justice.

(2) Such change of name or address shall be published in the Supplement to the State Gazette of the Republic of Indonesia by the Minis t ry of Justice.

Article 38

The legal force of a copyright registration shall terminate

due to :

(a)

abrogation upon the request of the person or legal entity whose name 1S registered as the author or copyright holder;

(b) expiry of the time frame as referred to In Article 26, and with due observance to Article 27 and Article 28;

(c)

declared as cancelled by a court judgement which has obtained permanent legal force.

CHAPTER FOUR

COPYRI CiIT COUNC IL

Article 39

(1) In order to assist the providing inforw9.tion and guidance as well as development of copyright a Copyright Counc il shall be established.

(2) The members of the Copyright Council comprise of. repic.> sentatives from the relevant government

agencies U1:(\ departments as well as reptesentatives from organizatic,:-\s in the fields of expertise or profession.

(J) The the author's organ·iiation to have representative In the CopyrighL Council, the number representatives and requirements therefor, shall stipulated by the Government Regulation.

(4) The appointment of experts or representatives of profc.s-sionals in the field of

any addition to l;(' membership shall be decided by the Government joinliy

with members representing his or her organization.

Article 40

(I)" The Chairman, Vice Chairman, Secretary, Deputi Secretary and other members of the Copyright Coun ci l shall be appointed and d i s mi ssed by the President upon the p roposal of the Minister of Justice.

(2) Further provisions concerning the dut ies , functions, compositi on, work pro cedure , expenditure and procedue to

fill any vacancy in the Copyright Counci l shall be stipulated by the Gover nment Regulation.

(3) The expendi ture of th e Copyright Counci 1 as referred to paragraph (2), shall be charged to the Ecpenditure Budget

of the Ministry of Justice.

CHAPTER FIVE
RIGHT AND AlTI110RITY TO CLAIM
Art icle 41

Any assignment of copyright on a work 1n its en t ire t y to another person or entity shall not detract the right of the author or his heirs to claim any person who has, wi thout obtaining his consent

( a) eliminated the author's name which has been included In .such work;

(b) included the author ' s name in such wo rki

(c ) replaced or changed the title of such work;

(d) modified the contents of such work.

jArt icle 42 --

Art icle 42

(1) A copyright hall provide any ob ject

which has

been .published with such copyright and has been reproduced illegally, in a n;lnner and with due observance to the provisions which have been stipulated for the se i zure of movable objects, for the purpose of either claiming the delivery of such obje,-:t as one's own possession or to c 1 aim t he destroya 1 or mu t i lation of such object so that it could no .l onger be 1.lsed. Such copyright sha ll also provide a simi lar right to seize and claim the amount of ad miss ion fees collected for attending a lecture, performance or exhibitiotl in defiance of the said copyright.

(2) In the event the delivery of an ob j e ct as re ferr ed tc In paragraph (1) is claimed, then the judge may that such delivery shal l be only effected upon t he ment of compensation by the p i'aint iff to the party gocx:i faith.

'(3) If the work as re ferred 'to Article 11 constitu te s un infringement, the Copyright Holde r shall be entitle LO

fi le claim to the District Court, without prejudice to proceedings againts the infringement of such

(4) To prevent any further damages to the party whose right has been infringed, the judge may instruct the infringer

to' cease production activities, reproduction, broadcasting, distribution and sale of the work or goods,resulting from the cOpyright infringement I

(2)	The claim		as	referred		to		Article	42	paragraph		(j)	may
only		be filed			against	an	infringer		who has		delibera		tely
infringed			such		copyright.

Article 43

(1) The right of the copyright holder as referred to In Article 42 shall not apply to any obje.ct a person who does not trade such object 'and has acquired it for his own use.

0iAPTER SIX CRIMINAL PROVISION Article 44

(1) Whosoever having deliberately and wihout any right published or reproduced a work or has granted license therefor, shall be sentenced to imprisonment for a maXImum of 7 (seven) years and/or a fine of Rp. 100.000.000,(one hundred million rupiah) at the maximum.

/(2) Whosoever

(2) Whosoever having deliberately

exhibited, distributed or sold to the public goods result ing from the infringeIIlf'n t of :a Copyright as reftfred. to in paragraph shall be sentenced to imprisonment for a maximum of (five) years and/or a fin;;. of Rp. 50.000.000, rupiah) &t t he .maxilI!-:i!•.

(3) Mlo soe ver having deliberately violated the provi:i(jns of Article 16 shall be sentenced to imprisolLulnt

of 3 (three) years and/or a fint. of (twenty f i ve million rupiah) at the

maxImum.

(4 ) Whosoever having deliberately violated the prOV IS I ons of Article IS shall be sentenced to imprisonmenl Ln-a maxImUlD of 2 (two) years and/or fine of Rp. 15.000.0'JO,

( f i fte en million rupiah) at the max Imum.

Article 45

Any work on goods resulting from the infringement or a copyright shall be confiscated by the Stat€: to be destro'y;::d.

Article 46

A criminal offense as referred to in Article 44 sl15.l1

-

mean c'r ime.

OIAPTER S I X A
I N V EST I GAT ION

Article 47

(1) Certain Civil Government Officers within the Ministry of Justice shall be given special authority as an Investiga

tor as refered to in Law No. 8 of 1981 concerning Criminal Procedural Law. to conduct investigation on criminal offenses in the field of Copyright

.

(2 ) The investigator as referred to in paragraph (1) shal I be au thoriz ed to :

(a)

examine the t ru th of reports or information pertaining to criminal offenses in the field of Copyright;

(b)

examine each person suspected of committing any criminal off ense in the field o f Copyright;

(c)

request information and evidence from any person or entity w ith respect to an event of criminal offense in the field of Copyright:

(d)

inspect books. records and other documents pertaining to any criminal offense in the field of Copyright;

(e)

inspect certa in places suspected to contain evidence of books, records and other documents and to confis

cate

goods and materials resulting from the infringement which could be used as evidence

the criminal case in the field of Copyright; /(f) request --

(f)

request the assistance of experts for the performance of investigation of criminal offense in the field of Copyright.

(J)

The investigator as referred to in paragraph (1) shall notify the commencement. of the investigation and shall convey th€: results of his invest igat ion to the Pub} ic

Prosecutor in accordance with provisions stipulated 1n

.

.

Law No. 8 of 1981 concerning Criminal Procedural Law.

CHAPTER SEVEN
CLOSING PROVISIONS

Article 48

This l aw shall apply to :

(a)

All works

of Indonesian c,it sian legal entities;

(b)

All works of non-I ndonesian citizens. residents and nonI ndones ian 1 ega1 en tit i es whi ch hav_e. .. been pub 1 i shed for the first time in Indonesia:

(c)

All works of non-Indonesian citizens. residents and r0nIndonesian legal entities with the provision that:

1. The relevant countries have entered into a bilateral agreement conc ernlng copyright: protection with the Republic of Indonesia; or

/2. The relevant

2. The relevant countries and the Republic of Indonesil

constitute a party or participant in the same multi

lateral agreement concerning copyright protection.

Article 49

This law shall be effective as of date of its stipulation. In order for every person to be knowledgeable of this law, it

hereby ordered that this law shall be set out in the State Gazette of the Republic of Indonesia.

Ratified in Jakarta
on April 12, 1982
PRESIDENT OF THE .REPUBLIC OF INOONESIA

(Signed)

SOEHARTO

Stipulated in Jakarta

On Apri I 12, 1982

MINISTER/STATE SECRETARY REPUBLIC OF lNOONESIA

(Signed)

SUDHARMJNO, SH

STATE Gt\ZETTE OF THE REPUBLIC OF INOONESIA YEAR 1982 NlJMBER

REGULAT ION OF TIlE MINISTER. OF mSTlCE

OF TIlE REPUBLIC OF INIXNESIA

NUMBER : M.OlHC.03.01 YEAR 1987

mNCERN IOO
Rffi ISTRAT ION OF COPYR IGHf
TIIE MINISTER OF JUSTICE OF THE REPUBL IC OF lNOONES IA

Cons ider ing

That to implement Law Number 6 of 1982 concerning Copyright as amended by Law Number 7 of 1987 concerning Amendment to Law Number 6 of 1982 concerning Copyright . it is necessary to st ipulate the Regulations of the Minister of Just ice of the Republic of Indonesia concerning Registrat ion of Copyright .

l. Law Number 6 of 1982 con cerning Copyr ight (State Gazette of 1982 Number 15, Supplement to the State Gazette Number 3217 ) as amended by Law Number 7 of 1987 concerning Amendment to Law Number 6 of 1982 concerning Copyright (State Gazette of 1987 Number 42, Supplement to the State Gazette Number 3362) ;

/2. Decree

			Decree of the Pres ident of the Republ ic of I ndone.s ia Number · 44 of 1974 concerning Fundamentals of Department Or..ganizat ion;
J. Decree of the Pres ident of the Republ ic of Indones ia Number 124/M of 1984 concerning the Appointment of the Min ister of Jus ti ce of the Repub l ic of. Indonesia ;
4. Decree of the Pres i dent of the Repub li c of Indones ia Number 29 of 1984 concern lng Guide lines for the Implementation of (he State Revenue and Budget.
In	View of	Letter of the Minister of Fi nance Numbe r 1168/.Ol l/1987 dated October 12, 1987 .				S
		DEC		ID ES	:
To	Stipulat e :	REGGATION OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF INOONESIA CONCERNING REGI STRA.TION OF COPYRIGHT

/CHAPTER I --

CHAPTER I
APPLICATION FOR RffiISTRATION OF COPYRIGHT

Article 1

(1)

A copyright registration application shall be submitted to the Minister of Justice through the Director of Copyright in duplicate, written in the Indonesian language on double fol io paper.

(2) The application referred to 1n paragraph (1 ) shall contain

a.

Name , ci ti zenship and address of the author :

b.

Name , citizenship and address of the Copyright·Holder;

c.

Name, c itizenship and address of the attorney;

d.

Type and title of the works;

e. Date and place in which such work has been announcec for the first t ime ;

f.

Description of the works 1n three fold.

(3)

The appl icat ion referred to In paragraph (2) shall be as contained in Enclosure I of this Ministerial Regulation.

(4)

A copyright registration application may be only filed for a single work.

(5)

The a pp licat ion referred to in paragraph (1) shal l be signed by the appl iant or applicants or by the attorney specifical ly authorized to f i l e such appl ication al ong with a sample of the work or its duplicate and a written evidence stat ing the appl icant ' s citizenship.

( 6 )	A	stamp duty of Rp.					1.000,-(one				thousand		rupiah )		sha II
	be	affixed	on	the		first		page	of	the		app l i cat ion		re fe rred
	to	in paragraph			( 1 ) .

'Ar t i c Ie 2

( _{1 )} The name and address referred to 1

n Article 1 parag raph

( 2) must be written in full.

(2) If a copyright registrat ion appl ica t ion is submi tted in the name of more than one person and or lega l ent ity, cd l nas of the appl icants must be sta led In wri t ing wi th one address designated for the appl icants ,

(J) If the appl icants is a l ega l ent ity. an official copy ()f the art icles of associat ion of such legal ent ity must be attached to the appl icat ion.

Article J

(1)

If the applicat ion is signed by the Atto1'1t€y . a Power of At torney must be a ttached to such appl icat ion.

(2)

The at torney referred to in paragraph (1) must be a citizen of the Republ ic of Indonesia and residing in tile

terri tory of the Republic of Indonesia.

(3) The registrat ion app l icat ion referred to 1n parag raph (1) muit be accompanied by an evidence of the Attorney 's

cit izenship. /Article 4 --

.Art icle 4

If the applicant does not reside in the territory of the Republ ic of Indonesia, then he must choose his domici le and appoint an at torney ln the territory of the Republic of Indonesia for the purpose of a copyright registration appl icat ion.

Art icle 5

The app l icant shal l be given a r ec e i pt containing (he names of the Author . the Copyright Holder and the At torney, the type and title of the work, the date and time of rece ipt of the appl icat ion, as contained in Enclosure II of this Ministerial Regulat ion as evidence of the fi l ing of a copyr ight regi strat ion appl icat ion.

Art icle 6

(1) If a copyr i ght registration application does not fulfill the r equ irements stated in Article 1, Ar t i cle 2, Art icle 3, Art icle 4 and Article 12, the Di rectorate of Copyr ight shal l on behalf of the M i nister of Just ice not ify the applicant in writing to fulfill such requirements. (2) If the appl i cant wi thin a period of 3 ( three ) months as fiorn t he date of de livery f' the not ice referred to In paagraph (1) in fact does not fulfill or complete the reguirernents as s ti pul ated in t h i s Ministerial Regulation, t hen the appl icat ion sha ll be cancel led pursuant to the Law.

Article 7

(1) A Copyright registrat ion appl icat ion which has fulfil led

the requirements stated in Article .I. Article 2, Art icle J, Article 4, and Art icle 12 of this Ministeri£d

Regu lation , shal l be subject to an examination by the Directorate of Copyr ight as to whether the applicant is the actual Author or Copyright Holder or the works forwhich copyright registration has been requested.

(2)

The results of the examinat ion by the Directorate of Cop; right shal l be submi tted to the Minister of . Just ice to obtain his decis ion .

(J)

The decision of the t.linister of Justice shal l be not iflc.::d to the Applicant by the Directorate .of Copyright.

Art icle 8

(1)

In the event a copyright registration application is

rejected by the Directorate of Copyright, the appl iC8t may submit a petition to the District Court of Centr::.t Jakarta by way of a claim signed by the applicant or his attorney so that the copyright for which registration hE,S been requested shal l be registered In the genera l register of copyright w it h the Directorate of Copyright .

(2)

Such petition to the District Court must be subrnitcd within J (three) mont hs after receipt of the rejection of such registration by the applicant or his attorney.

/Artic le 9 --

Article 9

(1) If a copyright registration application has fulfil led the requirements stated in Article 1, Art icle 2, Article 3, Art icle 4 d Ar t ic le 12. the Copyright for which regIs tration has been requested shal l be registered by the Directorate of Copyright in the general register of copyright by issuing a certificate of registration of copy right in dupl icate as contained in Enclosure III· of this Ministerial Regulation.

(2) The two coples of the certificate of registrat ion of copyr ight as referreed to in paragraph (1) shall' be signed by the Director of Copyright or any other designated official as evidence of registration.

(3 ) The second copy of the cert ificate of registration of a

copy right as referred to in paragraph (2) along wi th the copyright registrat ion appl icat ion shall be sent to the appl icant , and the first copy shal l be kept at the D irectorate of Copyright .

CHAPTER II
GENERAL REG I STER OF COPYRI GlIT

Art icle 10

The Genera l Register of Copyr ight shal l con tain

a. Name , ci tizenship and address of the Author ;

b. Name, ci tizenship and address of the Copyright Holder ;

c. Type and title of the work;

d.

Date and place in which "..t:he:work has been ·announced fa the first time;

e.

Descript ion of ·the work;

f. Date and time of receipt of the application;

g. Date and tim of the complete appl ication;
Copyright Regisfrat ion Number;

1. Columns for ass ignment of right , change of name , change oj address, deletion and cancellat ion.

CHAPTER II I
C'ONTENTS OF PUBLICATION IN TIiE
SUPPLflwffiNT TO TIlE STATE GAZETl'E

Art icle 11

The publication of a copyright registrat ion In the Su; ,!-d e rnents to the Stat e Gazette of the Repllb l ic of Indones ia :;!"i311

.

conta in

.

a.

·Name , cit izenship and address of the Author ;

b.

Name , citizenship and address of the Copyr ight Holder i

1. c . _Type and title
2. d. Date and place announced fo r the first timE:;
3. Descript ion of
4. Registrt ion Number;
5. Date of
6. h . .Assignment of right , change of namc:: , change of ad(ress , delet ion, cance llat ion ;

Cf:IAPT'ER I V FEES Article 12

Applicat ions for registrat ion of copyright. applications for assignment of right , appl ications for change of name and address and appl icat ion to obtain excerpt shal l be subj ect to payment of the following fees :

a. Fee for copyright registration application Rp. 7,500,

b. Fee for appl icat ions for recordat ion of right of a copy

r ight				reg is tered									in		the					General					Register Rp .										7. 500, -
c.	Fee		for				appl icat ion of														change of							name			and		address						'wi th
	respect					to				a	copyr ight							which					has			been				regi stered							In			the
	Genera l				Reg ister Rp .											2.500,
d.	Fee	for			the				request					for					an			excerpt					of		any			copyr ight						regIS
	trat ion				in			the				Genera l					Register							of			Copyr ight							Rp		2.500 .

Article 13

Proceeds from the collect ion of fees as meant 1n Article 12 of this Regulat ion shal l const i tute state revenues which must be paid in full to the State Treasury in accordance with the prevai.l ing laws and regulat ions.

CHAPrER V
CLOSIOO PROVISION

Article 14

This Ministrial Regulat ion shail be effect ive as of t he date of its stipulation.

In orde r for every person to be knowledgtable of this Minist erial Regulation. it is hereby instructed t o promu lgate nlis i->finisterial Regulae ion by publicat ion in the StC'.te Gazette of

the Republ ic of Indones ia .

S t i puI at e 1 n Jakarta On October 26, 108'

THE MINI STER OF JUSTICE OF 11 [1.7; REPUBL IC OF INOONES IA

(Signed )

ISMAIL SALEH , SH

ENCLOSURE I

Regulation of the Minister of Just ice of the Republic of Indonesia Number : M.OlHC.03.01 Year 1987

The Honorab le Minister of Just ice of the Repub lic of Indonesia through the Direc tor of Copyright J A K AR T A.
COPYR IGHT		REGISTRAT ION	APPL I CATION
I.	Auth or l. Name Ci tizenship J. Add res s
II .	Copyr ight Holder l. Name 2. Citizenship 3. Address

III. Attorney

I. Name

2. Citizenship

J. Address

TV. Type and tit le of the
work for which Copyright
registration has been
requested

V. Date and place of first announcement within the territories or outside the territories of Indonesia

VI . Descr ipt ion of the work

Jakarta.

Aplicant / At torney

Guidel ines to fNCLOSURE J Regulat ion of the Minister of Justice of the Republic of Indonesia

GUIDEL I NES TO ca.fPLETE TIIE PL I CATION FORM

I. State the name, citizenship and address of the author clearly, and attach re levant evidences (pho tocopies wi 11 suffi ce ) such as the Identity Card, Passport. Letter of Ev idence of Indonesian Citizenship. If the applicant is a' legal entity. please attach an authentic copy of the Deed of Establ ishment of such l ega l ent i ty.

II. State the name. citizenship and address of te copyright holder clearly, and attach the same evidences as point 1 above along wi th the evidence of assignment of right on such work from the author to the copyr ight holder (the evidence of ass ignment of right must be In the origi na l or a copy certified by the competent autho r i tie s ) .

III. State the name. citizenship and addre$s of the applicant 's proxy and at tach the same evidences as in poi nt 1 above .

IV. State the type of work for which copyright has been requested choosing one of the types of works listed below :

1. Books, pamphlets and al l other literary works; Lectures, college courses, speeches, etc .. ; Performances such as music, gamelan music. d rama I dance, puppet shows, pantomime. and broadcast works . inter alia, for radio, televis ion and fi lm media , and video recordings ;

4. Choreographic works . songs or mus ic arrangemen t with or ·without lyrics, and voice or sound recordings ;

5. Al l types of fine arts such as paint ings , carvings , sculptuie. and caligraphy of which protect ion IS provided in Article 10 parag raph (2) ;

6. Batik art ;

7. Artchi tecture ;

1. Maps ;
2. Cinematography;

10 . Photography ;

li. Computer programs ;

12. Trans.lalion, interpretation, ad aptat ion , and anthol ogy .

State the title of the work for which copyright has been requested .

State the date and place in which the work was first announced , for. t:xample , Jakarta. August 17 , 1982 , eJ:companied by evidence of such announceme nt , if any .

A Descript ion of a work shal l mean a desript ion bou t the work, for example a Novel may be descr ibed in the form of synopsis of such Novel. The description my be made on a separate sheet .

WIXI 8TY OP JUSTICE ENCLOSUU I I I OF THE BPUBLIC OF INDONES IA Resulat ion of the Uinister of Just ice DIUCTOUTE GEKEUL of the Republ ic of Indonesia 01 COPYlIGHT . PATEHTS AXIl TRADEllA.US u.r : .Ol-HC.03.01 Year 1987 DI i.ECTOJtATE 01 COpnlGHT.

CERTIFICATE OF REGISTRATION OF A YrORK

Has been registered on .. . ...... 19 .. . in the General

Register of Copyright at the Directorate of Copyright In Jakarta.

The work Tit 1 e

1. Author

l. Narne

2. Citizenship

3. Address

II. Copyright Holder l. Name 2. Citizenship

III. Attorney

1. Name
2. Citizenship
3. Address

2 (two) of the best editions of such work have been received at the Directorate of Copyright and have been registered under registration number

Jakarta , 19

THE DI RECTOR OF -C'OPYRI Gf-IT .