Indonesia’s copyright landscape is entering a critical phase of transformation.

The Copyright Bill (the “Bill”) currently under discussion signals a clear regulatory response to rapid technological change, evolving business models, and long-standing concerns around creator protection in the digital economy. From artificial intelligence and automated licensing to the secondary art market, the Bill attempts to recalibrate the balance between innovation, commercial certainty, and creators’ rights.

This article marks the beginning of a three-part series examining the most consequential developments under the Copyright Bill, developments that businesses, creators, platforms, and investors operating in Indonesia should not overlook.

Over the coming days, we will unpack how the Bill addresses:

• the recognition of Artificial Intelligence (“AI”) based creations;
• the long-anticipated introduction of Artist’s Resale Rights; and
• the use of smart contracts as legally recognized instruments for transfer of rights.

Each article will focus on one core issue, combining regulatory context with practical legal implications for market participants.

We shall be taking a deep dive into AI-based creations, where the Draft Copyright Bill draws the line between human creativity and machine-generated output, why the concept of “human touch” matters, and what this means for ownership, enforcement, and risk allocation in AI-assisted content.

Follow this series to stay ahead of Indonesia’s evolving copyright framework, one issue at a time.

1. AI-Based Creations: A New Category of Protected Work

One of the most notable features of the Copyright Bill is its explicit recognition of AI-supported works, referred to as AI Creation. Under the Bill, AI-based creation is defined as content generated using artificial intelligence with human involvement. AI is characterized broadly as technology capable of autonomously or semi-autonomously processing inputs to generate outputs such as content, decisions, or recommendations.

This approach seeks to incorporate the realities of today’s creative and digital ecosystems, where AI-assisted tools are increasingly used by creators. It also reflects regulator’s recognition that the existing copyright regime did not sufficiently address technological advances that could blur lines of authorship.

Key insights:

• The Copyright Bill aims to treat AI-assisted works as copyrightable subject matter, acknowledging that such works can be protected if there is meaningful human contribution.
• The concept of human touch is central but currently lacks a detailed legal standard (e.g., what level of human intervention qualifies). This could create interpretative uncertainty in practice, especially for generative AI content produced with minimal human input.
• Indonesia does not yet have a standalone AI law, and the only existing government normative framework on AI remains high-level. This legislative gap increases the importance of clear intellectual property provisions for AI.
• The distinction matters legally because Indonesian copyright law, like many jurisdictions, has traditionally required human authorship.

Practical implications for businesses and creators:

• Companies using AI tools for content generation should develop documentation practices to evidence human input in creative processes to support future copyright claims.
• The absence of clear thresholds may lead to disputes between creators, platforms, and users over eligibility for protection.
• The Bill may provide international investors and digital platforms with greater legal certainty that AI-assisted content will be recognized and enforceable in Indonesia.

If you wish to know more about how this may affect your business, reach out to us at mail@bagusenrico.com.

Stay tuned for Part 2 on 18 February 2026, where we will examine Artist’s Resale Right for Fine Arts that has the potential to reshape transaction structures and compliance obligations within Indonesia’s art market.