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 the Presidential Regulation No. 10/2021, the telecommunications sector was liberalized allowing full foreign ownership in 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 telecommunication and delivery service sector SOEs (as regulated in Government Regulation No. 15/2013, amended by Government Regulation No. 41/2021).

Law of the Republic of Indonesia No. 30 of 2000 regarding 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.

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

Government Regulation No. 82 of 2012 as replaced by the Government Regulation No. 71/2019 requires that providers of bespoke software provide or escrow the source codes associated with their service.

Copyright is not adequately enforced online in Indonesia. It is reported that the rate of unlicensed software installation in the country was 83% in 2017 (above the 57% rate of the Asian Pacific countries), for an estimated commercial value of USD 1,095 million. In addition, it is reported that online piracy is a concern, particularly through piracy devices and applications, illegal recording and unlicensed use of software.

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

Indonesia has a copyright regime under the Law of the Republic of Indonesia No. 28 of 2014 on Copyright. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 43 lists the exceptions, which include publication, distribution, communication, and/or reproduction of State emblems and national anthems in accordance with their original nature; the production and distribution of the Copyrighted content through information technology and communication media that are not commercial and/or lucrative for the Author or related parties, or the Author expresses no objection to the manufacture and dissemination in question; among others.

Indonesia is a party to the Patent Cooperation Treaty (PCT). However, the country does not consider itself bound by Art. 59 related to disputes.

Pursuant to Art. 24 of the Trade Act and Art. 5 of the Limited Liability Company Act, all exporters and importers are subject to a licence issued by the government, which is subject to a commercial presence requirement.

The Ministry of Communication and Information Technology Regulation No. 6/2017 introduces the requirement that any consortium providing Internet Protocol Television (IPTV) must consist of at least two Indonesian entities (Art. 4). Furthermore, Art. 6 explicitly points to the fact that any foreign investor must comply with Article 4. Every consortium providing IPTV must seek approval from the Ministry of Communications and Informatics. The letter seeking approval shall also provide information on all company shares belonging to foreign investors (Art. 25(7)h).

The Ministry of Manpower and Transmigration Regulation No. 40/2012 specified 19 positions that are reserved for Indonesian nationality only ranging from Chief Executive Officer to various directors, managers, and supervisors positions within a company.

According to the Presidential Regulation No. 10/2021, the telecommunications sector was liberalized allowing full foreign ownership in 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 telecommunication and delivery service sector SOEs (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%.