Copyright is not adequately enforced online in Indonesia. It is reported that online piracy through piracy devices and applications is a concern, and unauthorised camcording and unlicensed use of software remain problematic.

Indonesia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Indonesia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Government Regulation No. 71/2019 mandates that providers of bespoke software must either provide or escrow the source code associated with their services. This requirement has been in effect since the introduction of Government Regulation No. 82/2012, which was later replaced by Regulation No. 71/2019.

Law of the Republic of Indonesia No. 30 of 2000 on Trade Secrets provides a framework for effective protection of trade secrets. According to Art. 1 of the law, trade Secrets are legally defined as information in the field of technology and/or business that is not known by the public and has economic value as it is useful in business activities, and the confidentiality of which is maintained by its owner. Any person who deliberately and without rights uses the Trade Secret of another party or conducts any acts as referred to in Arts. 13 and 14 shall be sentenced to imprisonment of at most two years and a fine.
However, it is reported that it is necessary to prove that the suspected party has unlawfully obtained the trade secret. Proving this may be difficult as the litigation procedure is not equipped with a discovery procedure to uncover relevant evidence of the suspected party. It may help if the trade secret holder can prove that the local company had some form of relationship previously with it or was previously given access to the trade secret.

It is reported that there is an obligation for passive infrastructure sharing in Indonesia to deliver telecom services to end users.

The Ministry of Communications and Informatics Regulation No. 12/2019, which replaces Regulation No. 41/PER/M.KOMINFO/10/2009 by the Ministry of Communication and Information Technology mandates that Indonesian telecommunication operators allocate at least 50% of their total capital expenditures for network development to locally sourced components or services. The regulation also stipulated that any telecommunication device/material which contains a minimum of 50% local component will be considered to have 100% local component (Art. 6). The regulation also requires companies to report the percentage of local content procured annually and have that information “authenticated” by the government or a survey institute appointed by the government. These requirements have been in place since 2009.

According to Presidential Regulation No. 10/2021, the telecommunications sector was liberalised, allowing full foreign ownership of telecommunication service providers and telecommunication towers. However, according to Art. 1.2 and 77 of the State-owned Enterprises Act 19/2003, there is a limit of 49% on the shares that can be acquired by foreign investors in government-controlled firms. This includes foreign participation in state-owned entreprisese (SOEs) in the telecommunication sector, as regulated in Government Regulation No. 15/2013, amended by Government Regulation No. 41/2021.

Art. 6 of the Ministry of Industry Regulation 15/M-IND/PER/3/2016 stipulates that transmission towers and steel-reinforced conductors used in public procurement require a minimum local content of 40%.

It is reported that the Indonesian Government holds a 52% stake in Telkom Indonesia, the largest telecommunications company in Indonesia. It provides an extensive range of services, including fixed-line and mobile telecommunications, broadband internet, digital television, and IT solutions. As a state-owned enterprise with a majority government stake, Telkom Indonesia operates under the regulatory framework set by the Ministry of Communication and Information Technology (Kominfo).

Indonesia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2012.

Indonesia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market (Art. 8 of the Government Regulations No. 52 regarding Telecommunications Operations).

According to Presidential Regulation No. 10/2021, the telecommunications sector was liberalised, allowing full foreign ownership of telecommunication service providers and telecommunication towers. However, according to Art. 1.2 and 77 of the State-owned Enterprises Act 19/2003, there is a limit of 49% on the shares that can be acquired by foreign investors in government-controlled firms. This includes foreign participation in state-owned entreprisese (SOEs) in the telecommunication and delivery services sectors, as regulated in Government Regulation No. 15/2013, amended by Government Regulation No. 41/2021.

Indonesia is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).

Art. 10 of Regulation No. 02/M-IND/PER/1/2014 provides that domestic service suppliers need to be prioritised. To qualify as a domestic service provider, a majority of the shares must be owned by an Indonesian citizen, and two-thirds of the board members must be local. If no domestic service suppliers are participating in the procurement, national service suppliers (with at least 10% of shares belonging to Indonesians) will be taken into consideration. Only when these are also unavailable will foreign service providers be allowed to participate in the procurement process as well (Art. 16.1).