Overview per Jurisdiction
Indonesia
Governing Law & Dispute Resolution Mechanism

The Law No. 19 of 2002 on Copyright (the “Copyright Law”) does not stipulate any provisions concerning collecting societies.

With regard to royalty collection, Article 45 (4) of the Copyright Law stipulates that “the amount of royalty, which has to be paid by the licensee to the copyright holder, shall be based on the agreement between parties, referring to the agreement of professional organization as a guideline”. Accordingly, the Copyright Law indicates that royalty collection be based on agreements
between the copyright holders and users.

There is no definition of the term “professional organization”. This is expected to  be addressed in the next amendment to the Copyright Law.  


Is there a specialized dispute resolution body? No
Which Body? N/A
Do the general courts have jurisdiction to determine reasonable license terms where they cannot be agreed? Yes
Which court? As any other copyright dispute, parties may address such issues to the Commercial Court – or arbitration tribunal.

 


Summary of Key Collecting Societies
Type of Licenses
TV Radio Online Production Mechanical Performance / Renting Live Events Products Others
ASIRINDO - PT. AS Industri Rekaman Indonesia N/A N/A N/A
PRISINDO - Performers’ Rights Society of Indonesia N/A N/A N/A N/A N/A N/A
WAMI - Wahana Musik Indonesia N/A N/A N/A N/A
YKCI - Yayasan Karya Cipta Indonesia N/A N/A N/A


N/A - CMO does not offer this type of license



Level of Activity

The local collecting societies are generally active.

Contributors / Coordinators

Both Baker & McKenzie and WIPO coordinated and/or contributed content for this chapter. For more information on the relevant CMOs, please contact the CMOs directly.


Daru Lukiantono
Hadiputranto, Hadinoto & Partners
Jakarta
Daru.Lukiantono@bakernet.com
T + 62 21 2960 8588

Wiku Anindito
Hadiputranto, Hadinoto & Partners
Jakarta
Wiku.Anindito@bakernet.com
T + 62 21 2960 8583