IP Investigator, Directorate of Investigation and Dispute Resolution, Indonesian Directorate General of Intellectual Property (DGIP)

Sunarwaty Putri Sari Panggabean 

정리 편집실  

Q1. Hello, Investigator. Could you please provide a brief introduction to the Directorate General of Intellectual Property (DGIP) and the Directorate of Investigation and Dispute Resolution in Indonesia?

Thank you very much for taking the time to interview me. It is truly an honor to be featured in this esteemend publication. It is also my honor to introduce DGIP to the public. 

DGIP is a principal unit of the Ministry of Law and Human Rights of the Republic of Indonesia that is responsible for formulating and implementing policies in the field of intellectual property in accordance with the provisions of laws and regulations. One of DGIP's functions is to formulate policies in the field of intellectual property protection, processing intellectual property registration applications, preventing, handling complaints, investigating, and resolving alternative disputes over intellectual property infringements, cooperation and support for intellectual property empowerment, and intellectual property information technology, as well as other intellectual property services.

The Directorate of Investigation and Dispute Settlement has the task of preparing the formulation and implementation of policies, providing technical guidance, prevention, complaints, law enforcement, and monitoring of intellectual property crimes, alternative dispute resolution, and the administration of civil servant investigators in the field of intellectual property.

The Directorate of Investigation and Dispute Resolution carries out the following functions:

a. preparation of policy formulation in the field of prevention, alternative dispute resolution, and investigation of intellectual property crimes;

b. implementing policies in the field of prevention, alternative dispute resolution, and investigation of intellectual property crimes;

c. implementation of administrative affairs for receiving complaints and compiling data, administration of investigations, collection and documentation of criminal case files, and administration of civil servant investigators in the field of intellectual property;

d. implementing coordination of prevention, investigation, alternative dispute resolution, filing, and monitoring in the field of intellectual property;

e. preparation of materials, implementation, and facilitation of criminal investigations, prevention, and alternative dispute resolution in the field of intellectual property;

f. conducting evaluation and reporting in the field of prevention, alternative dispute resolution, and investigation of criminal acts in the field of intellectual property;

g. implementing coordination of investigation management in the field of intellectual property;

h. coordinating the prosecution of criminal acts in the field of intellectual property as well as verifying and providing recommendations for violations of copyright or related rights in electronic systems; and

i. implementing administrative and housekeeping affairs of the Directorate of Investigation and Dispute Resolution.

Q2. What is the most common field of copyright infringement in Indonesia? For example, music, movies, software, etc. I would like to know which types of works are most frequently infringed.

Over the past three years, we have observed a diverse range of copyright infringement cases in Indonesia. From alleged book and ebook piracy to unauthorized song covers, the most reported issue by copyright owners is unauthorized broadcasting, especially during the English Premier League match season.

The majority of copyright infringements that we handled in 2024 were DGIP investigators together with local police conducting prosecution/processing of crime scenes against several cafes and sports bars in Bali and Surabaya. 

These places are indicated to be conducting ‘Nonton Bareng’(in Indonesia we called it nobar) or public viewing of the 2022-2025 Premier League football season without permission from the license holder.

Based on the results of the search at the scene of the crime, the Intellectual Property (IP) Investigator confiscated the tools or objects used to carry out the broadcasting media, including televisions, setboxes, decoders, remote controls, and other objects that have a connection with the case handled.

Broadcasting in commercial places without permission from the Broadcasting Rights Holder or licensee is a criminal act of Copyright violation of Rights Related to Broadcasting Institutions as stipulated in Article 25 jo. 118 of Law No. 28 of 2014 concerning Copyright that the perpetrator can be punished with 4 years imprisonment and a fine of 1 billion while if it is done with the intention of piracy, it is punishable with 10 years imprisonment and a fine of 4 billion. 

Q3. What are the main policies or activities that DGIP is implementing to protect copyright? Could you introduce the legal enforcement procedures against copyright infringement and the site blocking process?

There are two enforcement mechanisms for copyright. 1) Law enforcement mechanism 2) Site Blocking mechanism

In the enforcement mechanism the rights owner or his attorney can report to the police, or to the Intellectual Property Investigator in DGIP. The procedures are: the right owner makes a complaint report, and the investigator will then follow up by conducting an investigation process. If it is proven that there is a criminal offense and the suspect is identified, then the investigator submits the case to the prosecutor's office for further judicial proceedings. 

In contrast to regulations in several countries, in Indonesia, specifically Patent and Copyright cases, the parties are obliged to make efforts to resolve disputes before the trial process begins. As stated in Article 95 of Law No. 28/2014 on Cypyright: “Copyright dispute settlement may be done through alternative dispute resolution, arbitration, or courts.”

However, the outcome of the dispute settlement is returned to the parties whether they wish to reconcile or not. In the event of peace, it is stated in a peace agreement letter, one of the clauses of which states that the plaintiff is required to withdraw the ongoing case. Furthermore, the investigator will stop the investigation

Furthermore, in the mechanism of closing the site, the right owner reports to DGIP by bringing supporting evidence, then DGIP will conduct a Site Closure Verification Meeting together with copyright experts and the Ministry of Communication and Information. If in the verification meeting process it is proven that there are sites that violate copyright, then the Minister of Law and Human Rights(MenKumHAM) provides recommendations to the Minister of Communication and Information Technology(MenKominfo) to close the site; blocking user access, or site content. The mechanism can be seen in the chart as follows.

Q4. What has been the most memorable case or experience for you as an investigator? If you have a particularly memorable episode related to copyright protection, please share it with us.

I’ve handled many copyright infringement cases, but the one that impresses me the most is the case we handled in May of 2023 when MBC (Munhwa Broadcastin Corporation) reported that a Korean national with the initials “K” illegally managed IPTV services from 2010 to 2023 without permission from the rights holder. K charged monthly subscription fees to his customers. not only MBC, K also broadcast dozens of other TV channels including several Indonesian TV channels. in carrying out his actions, K did not work alone. He also has a group of individuals in Korea who help him with various roles.

The joint operation involves various parties and institutions to achieve a common goal. INTERPOL was involved in facilitating meetings between the Korean side and the DGIP and coordinating joint law enforcement actions between Korea and Indonesia. The Korean Ministry of Culture, Sports, and Tourism(MCST) together with the Busan Police played a role in resolving the case by providing data and information on the perpetrators needed by investigators.

From the investigation in October 2023, we managed to confiscate two servers from the data centre. 1 Linux server model R121-340 was used as a live streaming server to manage the broadcasting transmission in order to send the broadcast from the Korean server to the Indonesian server. Two hard drives were found inside the Linux server. Subscriber data and a list of realtime video transmissions are stored on the Cloud Server.

Q5. How has the issue of copyright infringement evolved in Indonesia in the digital age? I am particularly curious about new trends or major problems in online copyright.  

As we navigate the rapidly evolving digital landscape, the protection of intellectual property has become more critical than ever. Copyright infringement, in particular, has seen a significant rise due to the ease of digital distribution and sharing.

Most of us may still remember a few years ago, copyright piracy, especially movies sold in the form of tapes and DVDs. But along with the development of the digital era, criminal acts shifted to Website violations; Social Media; Illegal Streaming; Illegal Applications, Group Chat even e-commerce. Lets say pirated content in website. Often, piracy or copyright infringement through these websites use IP addresses that keep changing, making it difficult to track them. In other cases, these websites are covertly used to promote online gambling. Gambling in all its forms is prohibited in Indonesia, so they disguise their gambling by displaying websites containing illegal movies, its like covering a crime with another crime. I remember one time I found an illegal website with the running text stated “Welcome to Indoxxi -LK21 IDLIX, a place where you can watch and stream Indonesian movies completely and for free”.

There are pluses and minuses to watching from this website such as poor picture quality, lots of intrusive ads that keep popping up, and content that cannot be shared. However, direct access to content, no need for special skills, and easy access from any device are the attractions of this illegal website. Unfortunately, many people don’t know that by accessing these websites, you are putting yourself in danger. Often these websites contain malicious malware that can attack your personal data. Therefore, I urge everyone: Don't let the ease of accessing free movies put you in danger. Illegal sites. It not only harms the movie makers, but it can also harm you personally.

Q6. In terms of international cooperation, especially with Korea, what are the key aspects of copyright protection that you find important? For example, please share any examples of international cooperation with Korea.

DGIP has signed an MoU with the Korean government, specifically MCST. In the MoU that we signed with MCST, one of them is cooperation in combating transnational crimes in the form of law enforcement and capacity building. We also cooperate by conducting training and technical assistance to each other, with the aim of improving the copyright protection system and exchanging information. 

We hope to enhance cooperation between Korea and Indonesia in the field of copyright crime investigation to achieve economic, social and cultural development of both countries.

Q7. Lastly, could you share a message with the readers of <C STORY> in Korea?

As an IP investigator, I believe it’s crucial to emphasize that protecting intellectual property is not just about enforcing laws and regulations. It's about safeguarding the creativity and hard work of individuals and businesses. By upholding copyright laws, we’re fostering an environment that encourages innovation, creativity, and fair competition. Ultimately, our goal is to create a world where creators can thrive and their work is valued and respected.