Jurnal Hukum Internasional

INTERNATIONAL COPYRIGHT TREATIES AND

ITS IMPLEMENTATION UNDER INDONESIAN
COPYRIGHT ACT; IS IT A BETTER ACCESS TO
KNOWLEDGE? 1

Nurul Barizah2

Abstract
The Indonesian Government has enacted a new Copyright Act in 2014 on the basis that Copyright
protection plays a strategic role for economic development and peoples prosperity. This new Act
provides a higher standard of protection and ensures more legal certainty to copyrights holders. It
is not only expands the scope of protection, duration, but also provides better economic rights to the
right holder. This Article analyses Indonesias obligation under international treaties and whether
Indonesia takes full advantages of all the flexibilities available under those treaties to enhance access
to knowledge particularly for educational materials. It also analyses substantial provisions of the new
Copyright Act in the context of scope, duration, limitations, and its exceptions. This Article argues
that strongest protection of copyright is far beyond what is required by the international copyright
treaties which Indonesia has acceded to them. This Article also argues that all available limitations
and exceptions provided by the treaties that would have opened up access to knowledge has not all
incorporated into the new Act. Accordingly, this Act has a potential to inhibit access to knowledge.
Pemerintah Indonesia telah mengundangkan Undang-Undang tentang Hak Cipta yang baru
tahun 2014 atas dasar bahwa perlindungan Hak Cipta memainkan peranan yang strategis bagi
pembangunan ekonomi dan kesejahteraan masyakarat. Undang-Undang yang baru ini menetapkan
standart perlindungan yang lebih tinggi dan lebih menjamin kepastian hukum bagi pemegang Hak
Cipta. Undang-Undang ini tidak hanya memperluas lingkup dan jangka waktu perlindungan tetapi
juga menetapkan hak-hak ekonomi yang lebih baik bagi pemegang hak. Artikel ini menganalisa
kewajiban Indonesia berdasarkan treaties internasional dan apakah Indonesia mengambil semua
keuntungan dari fleksibilitas-fleksibiltas yang disediakan oleh treaties tersebut guna mendorong akses
ilmu pengetahuan terutama materi pendidikan. berita aktual ini menganalisa ketentuan-ketentuan
substansi dari Undang-Undang tentang Hak Cipta yang baru mengenai lingkup, jangka waktu,
pembatasan- pembatasan dan perkecualian-perkecualiannya. Artikel ini berpendapat bahwa
perlindungan Hak Cipta yang lebih kuat, telah melebihi dari yang syaratkan oleh international
treaties mengenai Hak Cipta yang telah disepakati Indonesia. Artikel ini juga berpendapat bahwa
semua pembatasan dan perkecualian yang disediakan oleh treaties mengenai Hak Cipta tersebut,
yang akan membuka akses pengetahuan, tidak dimasukkan dalam Undang-Undang yang baru,
sehingga Undang-Undang ini mempunyai potensi menghambat akses pengetahuan.
Keywords: International Copyright Treaties, Indonesian Copyright Act, Access to Knowledge

* Lecturer at the Faculty of Law, Universitas Airlangga Surabaya. She received her
S.H. (LL.B) from Faculty of Law, Universitas Airlangga, LL.M and Ph.D from Fac-
ulty of Law, the University of Technology, Sydney (UTS).
1
This Article is a revised version from the paper that have been presented in the 13th
Asian Law Institute( ASLI) Conference, entitled Asian Perspectives on Legal Glo-
balisation Tuesday and Friday, 19th & 20th May 2016, Peking University Law School,
Peoples Republic of China

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 International copyright treaties and its implementation under indonesian copyright act;

I . INTRODUCTION
By the end of 2014, the Indonesian Government has enacted a new
Act on Copyright.3 This new Act replaces the old Act on Copyright of
20024, with the main objective to response to the rapid development of
creative economy industries, communication and information technolo-
gies.5 The Government argued that creative economy together with the
development of communication and information technologies requires
copyright protection in order to contribute to the national economic de-
velopment and peoples prosperity.6 Because of that, there are a num-
ber of substantial changes under the new Copyright Act and the spirit
behind such changes is to provide better economic rights for creative
industries, neighboring rights, and strong enforcement mechanism.
However, this paper focuses on the significant changes in the scope,
the duration of protection, and the limitations and exceptions which are
relevant to the access to knowledge and science. Compared to the old
Act, for example, the new Act expands the scope of protection and ex-
tends the duration of protection for certain types of creation for lifetime
of the authors plus 70 (seventy years) after the death of the authors.7 It
also provides improved economic rights to the authors and strengthens
it through enforcement mechanism. Interestingly, this new Act men-
tions that it takes into account that national interest and international
copyrights instruments to balance between the interest of authors, copy-
right holders and society.8
From the above spirit and perspectives, it is important to examine
whether the new Act still provides some flexibilities allowed by in-
3
The Act of the Republic Indonesia Number 28 of 2014 on Copyright, State Gazette
of the Republic Indonesia of 2014 Number 266, Supplementary State Gazette of the
Republic Indonesia Number 5599, entered into force on 16 October 2014.
4
The Act of The Act of the Republic Indonesia Number 19 of 2002 on Copyright,
State Gazette of the Republic Indonesia of 2002 Number 85, Supplementary State
Gazette of the Republic Indonesia Number 4220.
5
Explanatory Memoranda of the Copyright Act of 2014, paragraph 1.
6
Ibid.
7
This is the feature of the TRIPs-Plus Provisions sets up under Bilateral Free Trade
Agreement, see in general in Jakkrith Kuanpoth, TRIPs-Plus Rules under Free Trade
Agreements; An Asian Perspective, in Christopher Heath and Anselm Kamperman
Sanders (eds), Intellectual Property and Free Trade Agreements, Hart, 2007, p. 42;
8
See the explanatory Memoranda of the Act, paragraph 6.

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Jurnal Hukum Internasional

ternational copyrights instruments to enhance access to knowledge in

Indonesia,9 or otherwise inhibit it. Access to knowledge is indispens-
able to develop the capacity of human resources in developing country
Indonesia, and for that purpose, it is important to make education mate-
rial accessible to the public. In fact, educational materials, particularly
for higher education protected under the Copyright Act are not always
affordable and available by academics and students in Indonesia. This
condition can be seen as barrier to access to knowledge and science.10
Access to knowledge is protected under Article 27 of the Universal
Declaration of Human Rights,11 which provides a balance between the
right of access and a right to protection of moral and material interests
of the authors. Article 15 of the International Covenant of Economic
Social and Cultural Rights also express the same thing. It clearly states
that everyone has the right to enjoy the benefit of scientific progress
and its application, and to benefit from the protection of the moral and
material interests resulting from any scientific literary or artistic pro-
duction of which he is the author.12 Furthermore, the objectives of the

9
The International Copyright instruments provide some flexibilities, such as fair use
doctrine to ensure availability and affordability of educational material. See also in
Molly Land, Rebalancing TRIPS, 33 Mich.J. Intl L. 433 (2012). Available at:
<http://repository.law.umich.edu/mjil/vol33/iss3/1> last visited March 2016; See also
Carlos M. Correa, TRIPs and TRIPs-Plus Protection and Impacts in Latin America
in Daniel Gervais (ed.), Intellectual Property, Trade and Development; Strategies
to Optimize Economic Development in a TRIPs-Plus Era, Oxford University Press,
2007, pp. 221-257, p. 241
10
Jakkrith Kuanpoth, Op.Cit.
11
The Universal Declaration on Human Rights adopted by the United Nations Gen-
eral Assembly on 10 December 1948 at the Palais de Chaillot, Paris. Article 27 of this
Declaration stipulates that:
Everyone has the right freely to participate in the cultural life of the community, to
enjoy the arts and to share in scientific advancement and its benefits.
Everyone has the right to the protection of the moral and material interests resulting
from any scientific, literary or artistic production of which he is the author.
12
The International Covenant on Economic, Social and Cultural Rights (ICESCR)
adopted by the United Nations General Assembly on 16 December 1966, and in force
from 3 January 1976. The Article 15 of this Covenant states that:
1. The States Parties to the present Covenant recognize the right of everyone:
(a) To take part in cultural life;
(b) To enjoy the benefits of scientific progress and its applications;
(c) To benefit from the protection of the moral and material interests resulting from

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 International copyright treaties and its implementation under indonesian copyright act;

TRIPs Agreement13 as stipulated under Article 7 also states that:

The protection and enforcement of intellectual property rights
should contribute to the promotion of technological innovation and to
the transfer and dissemination of technology, to the mutual advantage
of producers and users of technological knowledge and in a manner
conducive to social and economic welfare, and to a balance of rights
and obligations.
Moreover, the Preamble of World Copyright Treaty also clearly recog-
nizes the need to maintain a balance between the rights of authors and
the larger public interest, particularly education, research and access to
information.14
In principle, those international instruments emphases the balance
between the private rights and public rights, however, they have not
been given influence. It seems that international copyright instruments
have developed in such a way to increasingly restrict access to edu-
cational material. As a response, there are various efforts have been
proposed to safeguard the society to enjoy the arts and to share in sci-
entific advancement and its benefits, such as through a review of the
TRIPs Agreement, pressure for development Agenda in the WIPO and
movement for Access to Knowledge Treaty.15 Accordingly, it is impor-
any scientific, literary or artistic production of which he is the author.
2. The steps to be taken by the States Parties to the present Covenant to achieve the
full realization of this right shall include those necessary for the conservation, the
development and the diffusion of science and culture.
3. The States Parties to the present Covenant undertake to respect the freedom indis-
pensable for scientific research and creative activity.
4. The States Parties to the present Covenant recognize the benefits to be derived from
the encouragement and development of international contacts and co-operation in the
scientific and cultural fields
13
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) of
1994. (Marrakesh Agreement Establishing the World Trade Organization, Annex 1C,
15 April 1994, 33 I.L.M. 1197, 1201 (entered into force on 1st January 1995).
14
WIPO Copyright Treaty(WCT), adopted in Geneva on December 20, 1996, en-
tered into force on March 6, 2002.
15
The Access to Knowledge (A2K) movement is a loose collection of civil society
groups, governments, and individuals converging on the idea that access to knowl-
edge should be linked to fundamental principles of justice, freedom, and economic de-
velopment. The Berlin Declaration on Open Access to Knowledge in the Sciences and
Humanities is a major international statement on open access and access to knowl-

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Jurnal Hukum Internasional

tant to analyze whether the implementation of international Copyright

instruments under the Indonesian Copyright Act provide a better access
to knowledge.

II . THE HISTORICAL DEVELOPMENT OF COPYRIGHT ACT

IN INDONESIA
Similar to the most developing countries in which the protection
of intellectual property derived from colonial pathways,16 the develop-
ment of copyright protection in Indonesia also cannot be separated from
the Dutch Colonial power. The First Copyright Act had promulgated
in Indonesia, as a part of the Netherlands East Indies was the Dutch
Copyright Act of 1912, known as Autheurswet 1912. A year after
that, the Netherlands East Indies also acceded to the Rome revision
of the Berne Convention.17 But, after independence, in 1958, Indone-
sia officially had withdrawn her membership to the Berne Convention.
The government states that to increase the level of education, ability to
copy books freely was a needed.18 This reason is very interesting as it
means that at that moment, the Government believed that membership
to Berne Convention lead to inhibit the free access of books and other
education materials.
In 1982, the Indonesian government enacted a new Copyright Act
which provided for copyright protection for lifetime plus 25 years af-
ter the death of the author. Interestingly, this Act was only protecting
foreign works if the first publication of the work had taken place in In-
donesia. National interest can be used as a consideration for regulating
copyrights as stipulated under Article 10.19 Then, due to increased pres-
sure from developed countries demanding more effective protection of

edge. It emerged from a conference on open access hosted in the Harnack House in
Berlin by the Max Planck Society in 2003.
16
Carolyn Deere, The Implementation Game; The TRIPs Agreement and the Global
Politics of Intellectual Property Reform in Developing Countries, Oxford University
Press, 2009, pp. 34-37.
17
Christoph Antons, Intellectual Property Law in Indonesia, Kluwer Law interna-
tional, London, 2000, p. 48
18
Ibid.
19
Ibid., p. 54.

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 International copyright treaties and its implementation under indonesian copyright act;

copyright and sufficient protection for sound recording, the Copyright

Act was revised in 1987. This revised Act has widened the subject of
protection covering video tapes, sound recordings, computer programs,
as well as batik. This Act has also extended the period of protection
until 50 years after the date of the authors. Under this Act, the works
of foreigners can be protected through multilateral and bilateral trea-
ties although the fist publication took place in overseas. The Act also
provides flexibility in form of compulsory licenses, in which it can be
granted for the purpose of education, science, and research, if copy-
right has not been exercised for three years.
Then, in 1994, Indonesia is member to the WTO, and ratified the
GATT-TRIPs Agreement.20 Inevitably, Indonesia re-entered the Bern
Convention in 1997,21 and ratified some other international instruments
on intellectual property (IP) including the WIPO Copyright Treaty.22
Consequently, after ratification of some international copyright instru-
ments above, the Copyright Act has been revised several times, and
those revisions made the right of the author even stronger. Accordingly,
The First Indonesian Copyright Act is the Act Number 6 of 1982, then
it revised into the Act Number 12 of 1997. Then, the last revision was
done in 2014 with the enactment of the new Copyright Act of 2014,
replacing the Copyright Act of 2002 as mentioned earlier.

III .INTERNATIONAL COPYRIGHT TREATIES AND THEIR

PRINCIPLES
A. BERNE CONVENTION
The Bern Convention23 is considered as the first international con-
vention on copyright protection and it was established in the early 1886.
20
The ratification of the WTO through the Act of the Republic of Indonesia Number
7 of 1994.
21
It ratified by Indonesia through Presidential Decree No 18 of 1997.
22
It ratified by Indonesia through Presidential Decree No 19 of 1997.
23
Berne Convention for the Protection of Literary and Artistic Works of September
9, 1886, completed at Paris on May 4, 1896, revised at Berlin on November 13, 1908,
completed at Berne on March 20, 1914, revised at Rome on June 2, 1928, at Brussels
on June 26, 1948, at Stockholm on July 14, 1967, and at Paris on July 24, 1971, and
amended on September 28, 1979.

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 Jurnal Hukum Internasional

It has been revised several times since its establishment, and the last
revision took place in Paris in 1971. Bern Convention embodies three
basic principles; (1) the principle of national treatment; (2) the prin-
ciple of automatic protection; and (3) the principle of independence of
protection. Principle of national treatment means that works originating
in one of the Member states must be given the same protection in each
of the other Member states as the latter grants to the works of its own
nationals. Automatic protection means that the protection must not be
conditional upon compliance with any formality, while the protection
is independent of the existence of protection in the country of origin of
the work. If, however, a member state provides for a longer term than
the minimum prescribed by the instrument and the work ceases to be
protected in the country of origin, protection may be denied once pro-
tection in the country of origin ceases.
Bern Convention provides minimum standard of protection in rela-
tion to the works and the rights to be protected, the duration of protec-
tion, certain limitations and exception to copyright.24 Bern Convention,
pursuant to the Appendix agreed upon in 1971, also allows developing
countries for certain works and under certain conditions, depart from
the minimum standards of protection with regard to the right of transla-
tion and the right of reproduction.

B. TRIPS AGREEMENT
TRIPs Agreement is regarded as the second international instrument
on copyright protection. TRIPs Agreement is Annex IC to the Final
Act Embodying the Result of the Uruguay Round of Multilateral Trade
Negotiations, and it comes into effect on 1 January 1995. Because
of that, all member of the WTO are bound to the TRIPs Agreement,
regardless of their level of economic development. The three princi-
ples provided by the Bern Convention are also stipulated in the TRIPs
Agreement. However, the TRIPs Agreement also introduces Most Fa-
voured Nation25 principle for WTO members.

24
Alan Story, Burn Berne; Why the Leading international Copyright Convention
Must be Repealed, p. 771, accessed in <https://kar.kent.ac.uk/251/1/storyg3r.pdf> (
last visited April 2016)
25
See Article 4 of the TRIPs Agreement.

7 Volume 14 Number 1 October 2016

 International copyright treaties and its implementation under indonesian copyright act;

Based on the TRIPs Agreement, WTO members must comply with

the substantive law provisions of the Berne Convention and the Ap-
pendix except for the moral rights provisions of the Bern Convention,
regardless of whether or not they are party to the Bern Convention.
TRIPs Agreement also provides minimum standard of protection26 by
ensuring that computer program and databases27 are added to the cat-
egories of copyright works, and by expanding the bundle of rights to
include the right to control commercial rental of computer programs
and cinematographic works.28

C. WORLD COPYRIGHT TREATY (WCT)

The WCT was introduced to adopt the global copyright regime to
the challenges posed by the advent of the digital world. The WCT spec-
ified copyright into two categories, computer programs29 and compila-
tions of data or other material.30 The WCT also regulates three types
of exclusive rights; (1) the right of distribution; (2) the right of rental;
(3) the right of communication to the public. In this context, the WCT
widens the right of communication to the public to cover on-demand,
interactive communication through the internet.31 More controversially,
the WCT requires its members to provide legal remedies against the cir-
cumvention of technological measures32 in connection with the exercise
of the rights of copyright owners and against the removal or altering of
information, such as certain data that identify works or their authors,
necessary for the management of their rights.
The international standard determined by these three instruments
can be used as a minimum standard of national copyright law in de-
veloping country Indonesia, which is party to those three instruments.
Those international instruments also provide a balance between private
26
See J.H. Reichman , Universal Minimum Standards of Intellectual Property Pro-
tection under the TRIPS Component of the WTO Agreement, The International
Lawyer, Vol. 29, No. 2 (Summer 1995), pp. 345-388, accessed at <http://www.jstor.
org/stable/40707772> (last visited March 2016)
27
See Article 10 of the TRIPs Agreement.
28
See Article 11 of the TRIPs Agreement
29
See Article 4 of the WCT
30
See Article 5 of the WCT
31
See Article 6, 7, and 8 of the WCT respectively.
32
See Article 11 of the WCT

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 Jurnal Hukum Internasional

rights and public rights as mentioned earlier, particularly WCT.33

IV. INTERNATIONAL COPYRIGHT TREATIES AND ITS FLEX-

IBILITIES FOR DEVELOPING COUNTRY
There are several flexibilities provided by these three international
instruments above, which can be used by developing country like In-
donesia to ensure the maximum access to knowledge. Such flexibilities
can be seen in three aspects:
a. The scope of copyright protection
b. The duration of copyright protection, and
c. The limitation and exception

A. THE SCOPE OF COPYRIGHT PROTECTION

It is important to note that the scope of copyright protection, since
Berne Convention until the WCT, had progressively amended and ex-
pand, not only in the context of the types of work to be protected, but
also the rights/uses controlled by copyright. Under the Berne Conven-
tion, the scope of protection are as follows:
1. Every production in the literary, scientific and artistic domain, what-
ever may be the mode or form of its expression, such as books,
pamphlets and other writings; lectures, addresses, sermons and oth-
er works of the same nature; dramatic or dramatico-musical works;
choreographic works and entertainments in dumb show; musical
compositions with or without words; cinematographic works to
which are assimilated works expressed by a process analogous to
cinematography; works of drawing, painting, architecture, sculp-
ture, engraving and lithography; photographic works to which are
assimilated works expressed by a process analogous to photogra-
phy; works of applied art; illustrations, maps, plans, sketches and
three-dimensional works relative to geography, topography, archi-

33
See in general in Graeme Dinwoodie, The WIPO Copyright Treaty: A Transition
to the Future of International Copyright Lawmaking, 57 Cas.W.Res.L.Rev.751(2007),
available at: <http://scholarlycommons.law.case.edu/caselrev/vol57/iss4/5> (last vis-
ited on March 2016).

9 Volume 14 Number 1 October 2016

 International copyright treaties and its implementation under indonesian copyright act;

tecture or science.34
2. Translations, adaptations, arrangements of music and other altera-
tions of a literary or artistic.35
3. Collections of literary or artistic works such as encyclopaedias and
anthologies which, by reason of the selection and arrangement of
their contents, constitute intellectual creations36

Then, Article 9 (1) of the TRIPs Agreement provides that Mem-

bers shall comply with Articles 1 through 21 of the Berne Convention
(1971) and the Appendix thereto. It means that those scopes of copy-
right protected under the Berne Convention also protected under the
TRIPs Agreement. Furthermore, as mentioned earlier, TRIPs extend the
scope of protection to include computer programs and compilation of
data or other material.37 The Article 10 (1) and (2) of the TRIPs Agree-
ment states that:
1. Computer programs, whether in source or object code, shall be pro-
tected as literary works under the Berne Convention (1971).
2. Compilations of data or other material, whether in machine readable
or other form, which by reason of the selection or arrangement of
their contents constitute intellectual creations shall be protected as
such.
Moreover, those scopes of protection under Berne Convention and
TRIPs Agreement are also reinforced under the WCT, as stipulated in
its Article 3. However, the definition of computer programs under
the WCT is broader than provided under the TRIPs Agreement to pro-
vide greater scope due to the development of technologies.
In the context rights granted, the Berne Convention provides that
the author shall have the right to claim authorship of the work and to
object to any distortion, mutilation or other modification of, or other
derogatory action in relation to, the said work, which would be preju-
dicial to his honor or reputation.38 For the Authors of literary and ar-
tistic works, the Convention provides protection which covers the Au-
34
Article 2(1) Berne Convention
35
Article 2 (3) Berne Convention
36
Article 2 (5) Berne Convention
37
See Article 10 (1) and (2) of the TRIPs Agreement
38
Article 6bis (1) of the Berne Convention

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 Jurnal Hukum Internasional

thors to enjoy the exclusive right of (1) making and of authorizing the
translation of their works in the original works;39 (2) authorizing the
reproduction of these works, in any manner or form; 40 (3) authorizing
broadcasting of their works or the communication thereof to the public
by any other means of wireless diffusion of signs, sounds or images;
41
(4) authorizing the public recitation of their works; 42 (5) authorizing
adaptations, arrangements and other alterations of their works; 43 (6)
authorizing the cinematographic adaptation and reproduction of these
works, and the distribution of the works thus adapted or reproduced.44
While in the context of musical work and words recorded together
with musical work, Authors has the right to authorize the sound record-
ing at that musical work, together with such words, if any.45 Author also
has right to the adaptation into any other artistic form of a cinemato-
graphic production derived from literary or artistic works.46 Further-
more, for dramatic, dramatico-musical and musical works, Author has
right of authorizing the public performance of their works and commu-
nication to the public of the performance of their works.47
Authors of shall enjoy the exclusive right of All the above rights
provided by the Berne Convention, which are also protected under
the TRIPs Agreement in accordance with Article 9 (1). However, the
TRIPs Agreement also extended the copyright protection for computer
programs and databases, and providing new right of commercial rental
for computer programs and cinematographic works.48
Then, the WCT also extended the scope of copyright protection pro-
vided under the Berne Convention and the TRIPs Agreement by adding
some provisions in relation to:
a. the right to control sale and other transfer of copies of copyright
39
Article 8 of the Berne Convention
40
Article 9 (1) of the Berne Convention
41
Article 11bis (1) of the Berne Convention
42
Article 11ter(1) of the Berne Convention
43
Article 12 of the Berne Convention
44
Article 14 (1) of the Berne convention
45
Article 13 of the Berne Convention
46
Article 14 (2) of the Berne Convention
47
Article 11 (1) of the Berne Convention
48
See Article 11 of the TRIPs Agreement

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 International copyright treaties and its implementation under indonesian copyright act;

works
b. broadening the scope of the term communication to the public to
cover works transmitted through the internet
c. definitely requiring the provision of legal remedies against the cir-
cumvention effective technological measures and the removal or
alteration of electronic rights management information without au-
thority.

From the perspective of the scope of protection under the inter-

national copyrights instruments above, they tend to extend the scope
of works protected under Copyright. Because of that, Member coun-
tries like developing country Indonesia should not extend the scope
of protection more than provided by those international instruments.
Furthermore, although the above scope of protection provided under
those international instruments are regarded as minimum standard,
and consequently, Member countries have a freedom to extend the
scope of protection higher that provided by those international instru-
ments, Member country like Indonesia should not take this approach.
As extending the scope means Indonesia adopt higher standard than
provided by the TRIPs Agreements, and it embodies TRIPs-Plus norms,
and means also that Indonesia over compliance to the TRIPs AgreemIn
determining the level of protection, countries should consider their po-
sition as the importer or exporter of copyrighted materials. If a coun-
try is importer of copyright material, like Indonesia, it is necessary to
maintain the scope of protection at minimum level to ensure that many

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works are not protected by copyright and leaving the works in the pub-
lic domain. For that purpose, it is important for a country to provide
protection only to the works that necessary to be protected as copyrights
under international instruments in which she is a party to. Similarly, it
is also necessary for countries to grant copyright holders only the rights
required to be granted under such international instruments. This ap-
proach is important to ensure that public can access to knowledge and
science, particularly higher education materials.
B. THE PERIOD OF COPYRIGHT PROTECTION
The protection of copyright is for a fixed period of time, and when
protection is expired, the works become public domain. Initially, under
the Berne Convention, literary works was protected for the life of the
author pus seven years after the death, and it was extended until 50
years after the death of the authors. The same period of protection also
applies to artistic works as provided by the Berne Convention, TRIPs
Agreement and the WCT.49 For cinematographic works, the period of
protection is 50 years after the making of the works or after the works
has been made available to the public.50 Similarly, anonymous or pseud-
onymous works are also protected for 50 years after the works has been
made available to the public.51 However, works of applied art is pro-
tected for only 25 years.52
Although the above duration for copyright protection is minimum
standard, and countries are allowed to provide a higher standard, it is
important to provide a balance protection between the interest of copy-
right holders and public so that the access to knowledge and science are
not in danger.53 Those international instruments also clearly recognized

49
See Article 7 (1) of the Berne Convention, Article 9 (1) of the TRIPs Agreement
and Article1 of the WCT.
50
See Article 7 (2) of the Berne Convention, Article 9 (1) of the TRIPs Agreement
and Article 1 of the WCT.
51
See Article 7 (3) of the Berne Convention, Article 9 (1) of the TRIPs Agreement
and Article 1 of the WCT.
52
See Article 7 (4) of the Berne Convention, Article 9 (1) of the TRIPs Agreement
and Article 1 of the WCT.
53
See Vera Frans, Back to Balance; Limitations and Exceptions to Copyright, in
Galle Krikorian and Amy Kapczynski (eds), Access to Knowledge in the Age of Intel-
lectual Property, Zone Books, New York, 2010, pp 517-529.

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 International copyright treaties and its implementation under indonesian copyright act;

the important to provide such balance, particularly the WCT.

C. THE LIMITATIONS AND EXCEPTIONS

For the purpose of increasing access to the public, particularly on
educational materials, international copyright instruments provide
some limitations and exceptions. This limitations and exception are the
forms as follows:
The first is to tolerate parallel importation.54 There is flexibility for
all countries to allow parallel importation of copyright works. Usu-
ally, the term of parallel import are not specifically mentioned in the
national Act, but parallel import of copyright works is tolerated if the
country adopts the principle of international exhaustion.55 Otherwise, if
country adopts the principle of national exhaustion,56 this country pro-
hibits parallel import of copyright works. For the purpose of access to
educational material protected under the copyright, parallel import can
be used as a main mechanism to gain access, particularly for gaining
cheaper materials from overseas. Therefore, it is important for a coun-
try to provide international exhaustion rule under her national law.
The second is to allow compulsory license for certain works. Berne
Convention provides two options for compulsory licenses available to

54
Parallel imports, also called gray-market imports, are goods produced genuinely under
protection
of a trade mark, patent, or copyright, placed into circulation in one market, and then im-
ported
into another market without the authorization of the owner of the intellectual property
right. See in Raman Mittal, Whether Indian Law Allows Parallel Imports of Copy-
righted Works; An Investigation, Journal of India Law Institute, Vol 55, Issue 4, 2013,
p.504.
55
If a country applies the concept of international exhaustion, the IP rights are ex-
hausted once the product has been sold by the IP owner or with his consent in any part
of the world. See International Exhaustion and Parallel Importation, in World Intel-
lectual Property Organization, accessed at <http://www.wipo.int/sme/en/ip_business/
export/international_exhaustion.htm> (last visited March 2016).
56
The concept of national exhaustion does not allow the IP owner to control the com-
mercial exploitation of goods put on the domestic market by the IP owner or with his
consent. However, the IP owner (or his authorized licensee) could still oppose the
importation of original goods marketed abroad based on the right of importation. Ibid.

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 Jurnal Hukum Internasional

all developing countries.57 The fist type of compulsory license can only
be granted for the purpose of teaching, scholarship or research.58 It can
be granted for translation of works published in printed or analogous
forms of reproduction and publish the translation in printed and anal-
ogous forms of reproduction.59 While the second type of compulsory
license is granted only for use in connection with systematic instruc-
tional activities,60 to reproduce and publish works published in printed
or analogous form of reproduction.61 Accordingly, if a country would
like to increase access to knowledge and science, these compulsory li-
censes should be regulated under national copyright act for publish-
ing local and translated editions of educational materials at reasonable
prices.62
The Third is to narrow the meaning of material form. Under the
Berne Convention, fixation in some material forms is a condition for
gaining copyright protection.63 However, the term material form is
not specifically defined in the Convention. This opens the possibility for
member state to provide a narrow definition to exclude certain material
form from copyright protection such as digital form. This approach is
very useful if a member nation make use of digital information tech-
nology as source of knowledge for public. The problem is that, the de-
velopment of information technology and communication made many
countries provide protection to digital form of technology.
The fourth is to provide a strict rule that copyright is only protect ex-
pression, not idea. It is a principle of copyright law that it only protects
the expression of idea, and not the idea. This principle serves the im-
portant public policy of preserving and enriching the public domain.64

57
See the Appendix of the Berne Convention
58
Article II (5) of the Appendix of the Berne Convention
59
Article II (1) and 2 (a) of the Appendix of the Berne Convention.
60
Article III 92) of the Appendix of the Berne Convention
61
Article III (2) and (7) of the Appendix of the Berne Convention
62
See Susan Isiko Strba, International Copyright and Access to Education in De-
veloping: Exploring Multilateral Legal and Quasi-Legal Solution, Martinus Nijhoff
Publisher, Leiden, Boston, 2012, p. 159.
63
Article 2 (2) of the Berne Convention
64
Consumer International, Copyright and Access to Knowledge, Policy Recommen-
dations on Flexibilities on Copyright Laws, Kuala Lumpur, 2006, p. 26.

15 Volume 14 Number 1 October 2016

 International copyright treaties and its implementation under indonesian copyright act;

This principle is enshrined under the TRIPs Agreement65 and the WCT.66
It constitutes a rationale behind copyright protection and can be used as
counter argument for an effort to protect new rights which potential to
inhibit access to knowledge, such as database right.

The fifth is to prevent anti-competitive practices. Under the TRIPs

Agreement, national law can adopt appropriate measures to prevent
condition that potential to create an abuse of IPR and have an adverse
impact on competition in the market.67 It is important for country to
regulate it as can be used as a useful mechanism to prevent the expen-
sive price of copyright materials due to anti-competitive practices. Na-
tional legislation should provide the authority for enforcing copyright
the power to control anti-competitive practices.
The sixth is to provide no copyright protection for technological
protection measures. International copyright treaties, like TRIPs and
WCT provide that copyright protects compilation of data or material,
but it does not extend to the data or material itself.68 But usually tech-
nological protection measures can be used in such compilation of data
to prevent access to such data. As a result, the data or materials cannot
be access without authorization or payment. Article 11 of the WCT also
stipulates that:
Contracting parties shall provide adequate legal protection and effec-
tive legal remedies against the circumvention of effective technological
measures that are used by authors in connection with the exercise of their
rights under this Treaty or the Berne Convention and that restrict acts, in
respect of their works, which are not authorized by the authors concerned
or permitted by law.
Accordingly, country should not regulate anti-circumvention provi-
sion without definitely restrict the control only to certain acts which are

65
Article 9 (2) of the TRIPs Agreement states that Copyright protection shall extend
to expressions and not to ideas, procedures, methods of operation or mathematical
concepts as such.
66
Article 2 of the WCT stipulates that Copyright protection extends to expressions
and not to ideas, procedures, methods of operation or mathematical concepts as such.
67
Article 40 of the TRIPs Agreement
68
Article 10 (2) of the TRIPs Agreement and Article 5 of the WTC

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 Jurnal Hukum Internasional

considered as the infringement of copyright Act. Unfortunately, many

countries have included anti-circumvention provision under national
law. It means that they provide scope of copyright protection more than
provided by international instruments.
Theseventh is to provide maximum flexibilities for teaching excep-
tion. Teaching exception is one of the most essential exceptions for
the sake of educational purpose and thus, national law can maximize
this scope of exception as this exception is permitted under the Berne
Convention.69 Accordingly, it is important for developing countries to
ensure that copyright act is drafted in manner that is to provide the pos-
sibility of the use the whole copyright for teaching purposes. Similarly,
it is also important for national law of copyright to accommodate all
types and forms of utilization in formulating the exception for this pur-
pose, as long as it can justified by the purpose and harmonious with fair
practice. It is important to note that this teaching exception should not
also be limited to certain types of education, but for all level of educa-
tion. One the best provision offered by the Berne Convention is that
the number of copies of publication which can be made for teaching
purposes should not be restricted.70
From the above explanation, it can be concluded that the flexibilities
provided by Members countries to achieve the teaching purposes can be
in the form of: (1) tolerate the use of the whole of a work for teaching;
(2) tolerate all types and forms of utilization for teaching; (3) extend
the teaching exception to all level and classes of education, including
distance education; and (4) do not limit the number copies that can be
used for illustrations for teaching. Again, those flexibilities are allowed
under the International instruments, and accordingly national law shall
be drafted to provide room for such flexibilities.
Furthermore, besides the flexibilities for teaching purposes, there
are also flexibilities for quotation exception, which should also be pro-
vided at maximum level. Berne Convention provides compulsory ex-
ception on quotations for educational purposes.71 Berne Convention
does not restrict the ways quotation can be made, it can be made in any
69
Article 10 (2) of the Berne Convention
70
Consumer International, Copyright and Access to Knowledge, p. 30.
71
Article 10 91) of the Berne Convention

17 Volume 14 Number 1 October 2016

 International copyright treaties and its implementation under indonesian copyright act;

form, not only for book, but also can be made in the course of lecturer,
in sound recording and in visual works of art. This quotation exception
is also not restricted to literary works only, but also applies to artistic
works. Furthermore, it is also useful to understand that Berne Conven-
tion does not restrict the length and the purpose of the quotation.
Moreover, official texts and their translations shall not be protected
under copyright. Under the Berne Convention, there is a freedom to de-
termine whether official text of a legislative, administrative and legal
nature, and to official translations of such texts,72 be protected under
copyright or not. This means that Member countries can leave the of-
ficial texts and their translations in the public domain. Similarly, politi-
cal speeches and speeches delivered in the course of legal proceedings
shall also not be protected by copyright law. As the Berne Convention
stipulates clearly that the protection of political speeches and speech-
es delivered in the context of legal proceeding can be excluded from
protection of copyright.73 The reason for this is because such speeches
embody educational value. Although this flexibility is available to all
countries, but unfortunately just few countries provide such flexibility
under their national copyright laws.
The last flexibility is to permits the use of copyright works in broad-
casts. There is a freedom to decide the conditions under which the
copyright holders can exercise his right of broadcasting according to
the Berne Convention.74 The term condition can be interpreted as im-
position of compulsory license, but it also can be interpreted as free use.
This interpretation can be used if we consider that broadcasting can
also have a significant role for education, particularly as an instrument
of transfer of knowledge. Usually, copyright holders have the right to
determine the terms and conditions if his work will be used in broad-
casting.75

V. INDONESIAS OBLIGATION UNDER INTERNATIONAL

72
Article 2 (4) of the Berne Convention
73
Article 2 bis (1) of the Berne Convention
74
Article 11 bis (2) of the Berne Convention
75
Article 11 bis 91 of the Berne Convention

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Jurnal Hukum Internasional

COPYRIGHT TREATIES
As mentioned earlier, Indonesia is country that has ratified all the
three international copyright instruments, namely the Berne Conven-
tion, the TRIPs Agreement and the World Copyright Treaty (WTO)
above. Even though like that, Indonesia still has several flexibilities in
designing national copyright law meeting with education agenda, par-
ticularly access to knowledge, as analyses above also. These flexibili-
ties can be divided into 3 (three) aspects in line with the above analysis.

The first aspect is about the scope of protection. Indonesia should

not extend the protection to the works that are not mandatory to be
protected as copyright works under the international copyright treaties.
Indonesia should only grant the rights necessary to be granted to the
holders of copyright.
The second aspect is about the period of protection. In this con-
text, it is essential for Indonesia to strictly provide minimum period of
protection to balance the interest of copyright holders and the public
access. This period of protection is clearly specified under the TRIPs
Agreement, that are for literary and artistic works, the protection is
since life of the author until 50 years after the death of the author. Cine-
matographic works, anonymous or pseudonymous works are protected
for 50 years after the making of the works or after the works has been
made available to the public. While for the works falls within the cat-
egory of applied art, they are protected for 25 years as artistic works. It
is important to note that providing longer period of protection than that
required by the international copyright instruments may potential to in-
hibit access to knowledge and science, particularly education materials.
The last aspect is about the limitations and exceptions, Indonesia
should use all limitations and exceptions to copyright protection which
available for this country in accordance with international instruments
with the main objective to enhance the implementation of education
agenda, particularly access to educational materials. These limitations
and exceptions can be in many formulas, as mentioned earlier.

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 International copyright treaties and its implementation under indonesian copyright act;

VI . INDONESIAN COPYRIGHT ACT AND THE SUBSTANTIAL

PROVISIONS
After examining the flexibilities provides by the three international
instruments, then followed by the Indonesias obligations under such
instrument, it is important to examine the implementation of such obli-
gations and flexibilities under Indonesian new Copyright Act. It covers
the scope of protection, the duration, limitations and exceptions pro-
vided under the new Act. Significantly, it examines whether this new
Act has drafted to accommodate the need for access to knowledge in
Indonesia, whether it uses all flexibilities provided under such instru-
ments in maximal ways to provide access to knowledge. Or otherwise,
Indonesia is over compliance to those instruments which potential to
inhibit access to knowledge.
In the context of the scope of copyright protection, the new Indone-
sian Copyright Act provides the scope of protection for creation in the
field of science, art and literature, which consists of:
a. Books, pamphlets, typographical arrangement of published works
and all other written works;
b. Sermons, lecturers, speeches, and other works of utterance
c. Visual aid made for educational and scientific purposes
d. Songs and/or music with or without lyrics
e. dramas, musical dramas, dances, choreographic, puppet shows, and
pantomimes
f. works of art in all forms such as paintings, drawings, engravings,
calligraphy, carvings, sculptures or collage
g. works of applied art
h. Architectural works
i. Map
j. Batik art and other art of motives
k. Photographic works
l. Portraits

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 Jurnal Hukum Internasional

m. Cinematographic works
n. Translations, interpretations, adaptations, anthologies, databases,
adaptation, arrangement, modification and other works from the re-
sults of the transformation;
o. Translation, adaptation, arrangement, transformation, or modifica-
tion of traditional cultural expression;
p. Compilation of creation or data either in a format that can be read
by the computer program or other media;
q. Compilation of traditional cultural expressions as long as the com-
pilation constitutes original works;
r. Video games; and
s. Computer program.76

With the very wide range of subject to be protected under the Article
40 above, it has indicated that the scope of copyright protection under
Indonesian Copyright Act is wider than required by the international
copyright instruments. This is very clear when visual aid made for
educational and scientific purposes and speeches are protected un-
der copyright. It means also that Indonesia does not use the flexibilities
provided under those international instruments, or otherwise, over com-
pliance. From this context, it is very difficult for Indonesia to expect a
balance between the protection of copyright and access to educational
material. This approach may not appropriate for developing country
Indonesia at the time being on the basis that Indonesia needs a better
access to educational material to enable this country achieves certain
level of economic development.
From the perspective of the duration of copyright protection, the new
Indonesia Copyright Act divided the duration of protection into 2 (two)
periods. For books, pamphlets, and all other written works; Sermons,
lecturers, speeches, and other works of utterance; visual aid made for
educational and scientific purposes; songs and/or music with or without
lyrics; dramas, musical dramas, dances, choreographic, puppet shows,
and pantomimes; works of art in all forms such as paintings, drawings,
engravings, calligraphy, carvings, sculptures or collage; architectural
works; map; and batik art and other art of motives are protected for the

76
See Article 40 of the Indonesian Copyright Act of 2014

21 Volume 14 Number 1 October 2016

 International copyright treaties and its implementation under indonesian copyright act;

life of the author plus 70 (seventy) years after the death of the author.77
But, under the international copyrights instruments, such works is pro-
tected for the life of authors plus 50 (fifty) years after the death of the
author. The length of protection until 70 years after the death of the
author under Indonesian Copyright Act constitutes TRIPs-Plus norm,
the norm that are not easily support access to educational materials in
Indonesia.78
While for photographic works; portraits; cinematographic works;
video games; computer program, typographical arrangement of writ-
ten works; interpretations, adaptations, anthologies, databases, adapta-
tion, arrangement, modification and other works from the results of the
transformation; translation, adaptation, arrangement, transformation, or
modification of traditional cultural expression; compilation of creation
or data either in a format that can be read by the computer program or
other media; and compilation of traditional cultural expressions as long
as the compilation constitutes original works are all protected for 50
(fifty) year since at the first time it announced. This period of protec-
tion is also over compliance to the international treaties. However, for
applied arts, they are protected for 25 years since at the first time it an-
nounced.
Based on the duration of protection above, it can be argued that
Indonesia Copyright Act also provides a longer term of protection com-
pared to the international Copyright instruments in which Indonesia
should adhere to them. The approach to provide the longer period of
protection under new Copyright Act has a potential to inhibit access to
educational material in Indonesia. It means also that Indonesian Copy-
right Act has not been developed in manner to increasingly support ac-
cess to knowledge.
Interestingly, the new Indonesian Copyright Act also provides
limitations and exceptions. In the context of limitation, the Act clearly
points out that there is no economic right for:
77
See Article 58 (1) of the Indonesian Copyright Act of 2014.
78
In the US for example, by providing protection for long period of time until 70
years after the death of the authors, society has to wait for long time for the works fall
into the public domain where all of people can use it, transform it, adapt it, build on it,
and republish it. See in James Boyle, The Public Domain; Enclosing the Commons of
the Mind, Yale University Press, the US, 2008, p. 11

Volume 14 Number 1 October 2016 22

 Jurnal Hukum Internasional

a. The use of short citation of creation or related rights product for

reporting current event intended only for the providing real-time
information;
b. Duplication of creation and related rights product only for the pur-
poses of scientific research;
c. Duplication of creation and related rights product only for the sake
of teaching, except for performances and phonograms which have
been announced as teaching materials; and
d. The use for education and development of science that allows a cre-
ation and related rights product may be used without the permission
of performers, producers, phonograms, or broadcasting.79

This Article 26 above is considered as a fair use doctrine,80 and

this doctrine is familiar and permitted under international copyright in-
struments, and all national copyright laws provides the fair use provi-
sions to ensure access to education and development of science and
research.81 However, the degree of such fair use is varied from one
national law to another.
While in the context of exceptions, the Act stipulates that, there are
some conducts which are not regarded as copyright infringement. These
conducts are as follows:
a. distribution and the use of state emblem, and national song accord-
ing its original nature;
b. announcement, distribution, multiplication of something that held
by or on behalf of government, except otherwise be protected by
regulation.
c. taking actual news, whether wholly nor partially from news office,
broadcasting institution, and newsletter and other sources as long
as the source must be completely mentioned; or
d. make and disseminate the content of copyright through media of
79
Article 26 of the Indonesian Copyright Act of 2014.
80
The fair use doctrine was developed in the eighteenth century by English Com-
mon Law Judges in interpreting the 1710 Statute of Anne, with the main purpose was
to encourage learning. The judges held that learning should be encouraged through
unauthorized uses. Fair use consists of principles, and its purpose is to ensure that
creativity flourishes in the face of over protection of exclusive rights. See in Willian
Patry, How to Fix Copyright, Oxford University Press, 2011, p. 215
81
Ibid.

23 Volume 14 Number 1 October 2016

 International copyright treaties and its implementation under indonesian copyright act;

information technology and communication that is no commercial

and creator has no objection for such conducts;
e. the duplication and distribution of president portrait, and other pub-
lic figures, by taking into consideration the dignity and fairness in
accordance with regulation.82

Furthermore, the duplication and modification of a creation, will not

be regarded as infringement of copyright if it used for the purposes of
(1) education, research, and writing scientific papers; (2) security, gov-
ernance, legislative and court; (3) speech for the purpose of education
and science only; and (4) uncommercial performance.83 This exception
also includes access for education material designed for blind people.84
However, for certain types of works or creations, the duplication
can be made for one duplicate only, such as for computer program85
and the duplication for private interest.86 Furthermore, non-commercial
institutions, like library is allowed to duplicate one copy only. Such
duplication is only permitted for the sake of education and research,
and cannot be repeated.87 The duplication for the purpose of information
also justified as long as it mentioned the source, and name of the author
clearly.88 By providing restriction for one copy only, means that the ap-
proach used by Indonesian Copyright Act is to limit the duplications
of copyrighted materials, as international copyright instruments does
not provide limitation to such duplication as long as for education, and
research and development purposes.
Based on the above explanation, it can be clearly concluded that,
Indonesia does not use all limitations and exceptions provided by in-
ternational copyright instruments to enhance access to knowledge and
educational materials. It is clear that Indonesia restricts the duplication
of books in the library for one duplicate only. But international copy-
right instruments do not restrict it.

82
Article 43 of the Indonesian Copyright Act of 2014.
83
Article 44 (1) of the Indonesian Copyright Act of 2014.
84
Article 44 (2) of the Indonesian Copyright Act of 2014.
85
Article 45 of the Indonesian Copyright Act of 2014.
86
Article 46 of the Indonesian Copyright Act of 2014.
87
Article 47 of the Indonesian Copyright Act of 2014.
88
Article 48 of the Indonesian Copyright Act of 2014.

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Jurnal Hukum Internasional

VII . CONCLUSION
Although access to knowledge and science has a substantial influ-
ence for economic progress in developing country Indonesia, new In-
donesian Copyright Act has not been developed in manner to increas-
ingly support such access. Providing strongest protection Copyright
under new Indonesian Copyright Act is beyond what is required by the
international Copyright treaties which Indonesia has acceded to them,
even it consists of TRIPs-Plus norms. This new Act provides a higher
standard of protection, ensures more legal certainty of copyrights hold-
ers, particularly for the effort to provide a better economic rights of the
creators/authors. And because of that, This new Act provides unbalance
protection between private rights (authors rights) and public rights (the
larger public interest, particularly education, research and access to in-
formation).
This Article concludes that all available limitations and exceptions
provided by international Copyright treaties that would have opened up
access to knowledge has not incorporated into this Act. This Act is not
only expands the scope of protection and duration, but also provides
narrow limitations and exceptions to ensure better economic rights for
the right holders, and paid less attention to the access to knowledge,
particularly educational materials. Accordingly, this Act has a potential
to inhibit access to knowledge.

BIBLIOGRAPHY
Books:
Carolyn Deere, The Implementation Game; The TRIPs Agreement and the Global
Politics of Intellectual Property Reform in Developing Countries, Oxford Uni-
versity Press, 2009.
Christoph Antons, Intellectual Property Law in Indonesia, Kluwer Law international,
London, 2000.
Consumers International, Copyright and Access to Knowledge, Policy Recommenda-
tions on Flexibilities on Copyright Laws, Kuala Lumpur, 2006.
James Boyle, The Public Domain; Enclosing the Commons of the Mind, Yale Univer-
sity Press, the US, 2008
Susan Isiko Strba, International Copyright and Access to Education in Developing:
Exploring Multilateral Legal and Quasi-Legal Solution, Martinus Nijhoff Pub-
lisher, Leiden, Boston, 2012.

25 Volume 14 Number 1 October 2016

 International copyright treaties and its implementation under indonesian copyright act;

Willian Patry, How to Fix Copyright, Oxford University Press, 2011.

Book Chapters:

Carlos M. Correa, TRIPs and TRIPs-Plus Protection and Impacts in Latin America
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gies to Optimize Economic Development in a TRIPs-Plus Era, Oxford University
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Jakkrith Kuanpoth, TRIPs-Plus Rules under Free Trade Agreements; An Asian Per-
spective, in Christopher Heath and Anselm Kamperman Sanders (eds), Intel-
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Vera Frans, Back to Balance; Limitations and Exceptions to Copyright, in Galle
Krikorian and Amy Kapczynski (eds), Access to Knowledge in the Age of Intel-
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Journal Articles:
Alan Story, Burn Berne; Why the Leading International Copyright Convention Must
be Repealed, accessed in <https://kar.kent.ac.uk/251/1/storyg3r.pdf> ( last vis-
ited April 2016)
Graeme Dinwoodie, The WIPO Copyright Treaty: A Transition to the Future of In-
ternational Copyright Lawmaking, 57 Cas.W.Res.L.Rev.751(2007), available
at: <http://scholarlycommons.law.case.edu/caselrev/vol57/iss4/5> (last visited
March 2016)
J.H. Reichman , Universal Minimum Standards of Intellectual Property Protection
under the TRIPS Component of the WTO Agreement, The International Lawyer,
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stable/40707772> (last visited March 2016)
Molly Land, Rebalancing TRIPS, 33 Mich.J. Intl L. 433 (2012), available at:
<http://repository.law.umich.edu/mjil/vol33/iss3/1> (last visited at March 2016)
Raman Mittal, Whether Indian Law Allows Parallel Imports of Copyrighted Works;
An Investigation, Journal of India Law Institute, Vol 55, Issue 4, 2013, p.504.

Internet References:
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Organization, accessed at <http://www.wipo.int/sme/en/ip_business/export/inter-
national_exhaustion.htm> (last visited March 2016).

Treaties:
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) of 1994.
(Marrakesh Agreement Establishing the World Trade Organization, Annex 1C, 15
April 1994, 33 I.L.M. 1197, 1201 (entered into force on 1st January 1995).
Berne Convention for the Protection of Literary and Artistic Works of September 9,
1886, completed at Paris on May 4, 1896, revised at Berlin on November 13,
1908, completed at Berne on March 20, 1914, revised at Rome on June 2, 1928,
at Brussels on June 26, 1948, at Stockholm on July 14, 1967, and at Paris on July
24, 1971, and amended on September 28, 1979, Treaty Series, vol. 331, p. 217.

Volume 14 Number 1 October 2016 26

Jurnal Hukum Internasional

International Covenant on Economic, Social and Cultural Rights 1966 (ICE-

SCR), adopted by UN General Assembly resolution 2200A (XXI) of 16 Decem-
ber 1966, entry into force 3 January 1976, United Nations, Treaty Series, vol. 993,
p. 3 <http://www2.ohchr.org/english/law/cescr.htm>
The Universal Declaration of Human Rights 1948 (UDHR), adopted by UN Gen-
eral Assembly resolution 217 A(III) of 10 December 1948 <http://www.un.org/
en/documents/udhr/index.shtml>
WIPO Copyright Treaty (WCT), adopted in Geneva on December 20, 1996, entered
into force on March 6, 2002.

Legislations:
The Act of the Republic Indonesia Number 28 of 2014 on Copyright, State Gazette of
the Republic Indonesia of 2014 Number 266, Supplementary State Gazette of the
Republic Indonesia Number 5599, entered into force on 16 October 2014.
The Act of The Act of the Republic Indonesia Number 19 of 2002 on Copyright, State
Gazette of the Republic Indonesia of 2002 Number 85, Supplementary State Ga-
zette of the Republic Indonesia Number 4220.
Buletin, L., 2017. Berita Terkini. [Online] Available at: http://www.buletinlokal.com/

27 Volume 14 Number 1 October 2016