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The End of the UGC Loophole: Indonesia's Constitutional Court Rules on Content Piracy
Category:Copyright & Digital Platforms
Sources:
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Indonesia moves to modernize copyright law for user-generated content (Asia IP)
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Shift in Responsibility as Digital Service Platforms Become Responsible (Assegaf Hamzah & Partners)
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Update on Fines and Content Takedowns for Online Platforms in Indonesia (Makarim & Taira S.)
Introduction For years, Indonesia’s digital landscape was a “Wild West” for copyright. The 2014 Copyright Law had a major blind spot: it didn’t explicitly cover “User-Generated Content” (UGC) platforms. This allowed piracy to thrive on social media and video-sharing sites, with platforms claiming they were mere intermediaries. A pivotal ruling by the Indonesian Constitutional Court has changed everything, sparking a wave of legal reforms in 2025.
The Constitutional Court Ruling The Court ruled that the definition of “place of trade” in the Copyright Law was too narrow and must be interpreted to include UGC-based digital platforms. This decision effectively declared that platforms are no longer passive bystanders; they have a legal responsibility to prevent the distribution of infringing content. This paved the way for new government regulations targeting platforms that fail to manage their content.
The New “SAMAN” System Following the ruling, the Ministry of Communication and Digital Affairs introduced the Content Moderation Compliance System (SAMAN). This system, which began its pilot phase in late 2024 and is ramping up throughout 2025, imposes administrative fines on platforms that fail to remove prohibited content—including copyright infringement—within specified timeframes.
What This Means for Rights Holders This is a monumental shift. Creators and brands now have powerful new legal leverage to demand takedowns. Platforms are now compelled to implement proactive filtering and more responsive notice-and-takedown procedures to avoid heavy fines.
How ASEAN IPR Helps: The rules of digital engagement have changed. ASEAN IPR helps you utilize these new legal tools. We work with content owners to issue legally compliant takedown notices that leverage the Constitutional Court ruling and the new SAMAN regulations, ensuring platforms take your infringement claims seriously.
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