In 2022, an Indonesian YouTuber with hundreds of thousands of subscribers faced legal action for using a song snippet without permission in their video. The case went viral not because of the severity of the lawsuit, but because many other creators suddenly realized: the same thing could happen to them. The problem is, most do not know exactly what is allowed and what is not.
In Indonesia, the content creator ecosystem is growing very rapidly. According to data from the Ministry of Communication and Information, there are over 40 million active creator accounts across various platforms in 2023. However, this growth is not matched by an understanding of the applicable legal framework. As a result, many creators operate in a gray area without realizing it.
Copyright: The Most Commonly Violated
Law Number 28 of 2014 on Copyright regulates the protection of copyrighted works in Indonesia, including music, photos, texts, and videos. In practice, many creators use background music, images from the internet, or video clips owned by others with the assumption that "for non-commercial content, it's fine." This assumption is not always correct.
Platforms like YouTube do have a Content ID system that detects the use of copyrighted content, but this detection mechanism does not guarantee legal safety. Creators can still be sued directly by copyright holders, regardless of whether the platform has taken action or not. Fair use or "penggunaan wajar" exists in Indonesian law, but its scope is narrower than fair use in the United States and is often misunderstood.
Paid Content and Tax Obligations
Another aspect that is often overlooked is tax obligations. Creators who earn income from endorsements, platform monetization, or digital product sales have the same tax reporting obligations as other professions. The Directorate General of Taxes has started actively monitoring high-earning creators, and some tax cases involving creators have begun to surface publicly.
For creators collaborating with brands, contract agreements also become a vulnerable point. Exclusivity clauses, rights to reuse content, and responsibilities if content is taken down by the platform are some things that are often not read carefully before signing. In fact, the legal impact of these clauses can be quite significant.
ITE Law and the Risks of Viral Content
The Electronic Information and Transactions Law or UU ITE is often mentioned in the context of online content in Indonesia. Articles on defamation and the spread of false information have direct implications for creators, especially those operating in product review niches, social commentary, or opinion content.
What needs to be understood is not only the articles that prohibit but also how to proactively manage risks. For example, including appropriate disclaimers in opinion content, ensuring factual claims have verifiable bases, and understanding the boundary between protected criticism and statements that could potentially enter the legal realm. This is not to limit creativity, but to create more safely.
Know Before You Get into Trouble
One of the most common pieces of advice from legal practitioners handling creator cases: don’t wait until there’s a problem to learn about the law. The costs and reputational impact of a single legal case are far greater than the time needed to understand the basics of content legality.
Creators who understand legal aspects also have a better bargaining position when negotiating with brands, are more confident in producing critical or controversial content, and are better prepared to face a digital era with evolving regulations. The law is not the enemy of creativity. In fact, a good understanding of its boundaries can make creation more free and safe.
References:
- Ministry of Law and Human Rights of the Republic of Indonesia – Law Number 28 of 2014 on Copyright → peraturan.go.id
- Kominfo – 2023 Indonesian Digital Content Ecosystem Report → kominfo.go.id
- Directorate General of Taxes – Tax Guide for Digital Economy Actors → pajak.go.id