Indonesia's overall energy resilience remains a key concern within the context of limited fuel reserves and global supply vulnerabilities. As such, this edition of Indonesian Law Digest (ILD) analyzes Indonesias energy reserves framework, as set out as a part of the countrys National Energy Policy (Kebijakan Energi Nasional/KEN). This framework encompasses energy buffer reserves (Cadangan Penyangga Energi CPE), operational reserves, crisis response mechanisms and the obligations of business actors regarding the maintenance of oil-fuel reserves. However, it should be noted that, while a regulatory framework exists, reserve capacity remains limited, and the country ultimately remains reliant on operational stocks. Comparative insights highlight the need to accelerate CPE development, strengthen infrastructure and coordination, and enhance emergency response systems in order to improve overall energy resilience.
A series of court decisions on obstruction of justice has clarified the balance between the professional freedom of lawyers and criminal accountability within Indonesia. In this regard, while advocate immunity protects lawyers who act in good faith, this concept is not absolute, and any lawyers who actively obstruct processes of law enforcement may still face criminal liability. These rulings emphasize the need for concrete actions to be taken in order to prove obstruction, thereby ensuring the integrity of the justice system while providing clearer legal boundaries for legal practitioners.
Indonesia's proposed Draft Bill on Copyright seeks to modernize the country's copyright regime. The Draft Bill recognizes AI-generated works when there is meaningful human input and introduces disclosure obligations and prohibitions to prevent misuse. The Draft Bill also strengthens digital platform liability through stricter monitoring, notice-and-takedown systems, and metadata requirements. In addition, the Draft Bill reforms royalty governance with a centralized body, introduces resale rights for visual artists and supports blockchain-based real-time royalty distribution.
An attempt to recalibrate IndonesiaUS Trade Relations through the Agreement Between the United States of America and the Republic of Indonesia on Reciprocal Trade (ART) not only reduces tariffs and expands market access across goods, services, investment and labor but also introduces binding regulatory commitments with direct implications for domestic policymaking. Beyond economic integration, the ART raises sovereignty considerations, particularly in situations where Indonesia is required to amend existing laws, align regulatory standards and potentially narrow its policy space in areas such as state support, local content, labor governance and digital regulation. The agreement, therefore, sits at the intersection of trade liberalization and constitutional authority and will require careful legal harmonization in order to preserve national autonomy while fulfilling international obligations.
The Draft Bill on Gig Workers (Draft Bill) is set to fill a persisting legal gap relating to gig workers who operate outside traditional employment relationships. The new framework will establish a minimum income guarantee, mandatory registration with the Social Security Agency (Badan Penyelenggara Jaminan Sosial/BPJS), work injury and death insurance, algorithmic transparency and a maximum 12-hour work limit within a 24-hour period with a minimum six-hour rest period. Furthermore, a dispute resolution mechanism that falls under the responsibility of the Gig Workers Tribunal, as well as the Consultative Council, should provide greater legal certainty, while the adoption of best practices from Singapore and India should further strengthen social funding and protections for gig workers.
Issued in order to complement Indonesia's existing Information Technology ("IT") governance framework for commercial banks ("Banks"), this new Regulation provides detailed guidance on IT services providers (Pihak Penyedia Jasa TI/PPJTI), IT architecture, risk management, data governance and supervisory oversight. In this regard, Banks are required to implement structured risk-management processes, uphold information security controls and ensure robust compliance with personal data protection principles, including explicit consent and mandatory data protection impact assessments for high-risk processing.
During the 2009 - 2026 period, criminal justice practice in Indonesia has shown a persistent tendency to criminalize speech and expression within the digital realm through the application of Law No. 11 of 2008 on Electronic Information and Transactions, as most recently amended by Law No. 1 of 2024, with the majority of cases resulting in convictions. However, several important rulings, including the acquittals of Haris Azhar and Fatia Maulidiyanti, as well as Decision of the Constitutional Court (Mahkamah Konstitusi/MK) No. 78/PUU-XXI/2023, reflect more constitutionally appropriate efforts. Although it should be noted that the Laras Faizati case demonstrates that this pattern of repression has not yet fully ended.
This third edition of Hukumonline's occasional and ongoing Business Regulatory Impact Report series highlights growing regulatory pressure on Indonesias fast-growing technology and digital sector. Despite AI-driven growth, in practice, businesses often face significant regulatory ambiguity, as well as licensing and platform governance hurdles, infrastructure gaps and cybersecurity risks. Ultimately, the report calls for clearer regulations, more defined authorities and balanced policies in order to improve compliance and operations.
Under Law No. 20 of 2025 on Criminal Procedural Law (Kitab Undang-Undang Hukum Acara Pidana/KUHAP), corporate criminal proceedings emphasize evidentiary standards, sentencing frameworks, and asset management. The law recognizes physical and electronic evidence, sets authenticity requirements, and provides investigative support mechanisms. It also aligns sanctions and enforcement procedures under sector-specific laws with Law No. 1 of 2023 on the Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP) and Law No. 1 of 2026 on Penal Adjustment, ensuring proportional, enforceable, and legally certain outcomes for corporate crimes.
This edition of Indonesian Law Digest highlights that the Deferred Prosecution Agreement ("DPA") mechanism under Law No. 20 of 2025 on Criminal Procedural Law (Kitab Undang-Undang Hukum Acara Pidana/KUHAP) allows deferred prosecution of corporations admitting wrongdoing, subject to obligations such as compensation and compliance enhancements. Upon fulfillment, cases may be terminated without further proceedings. Comparative international practice, including the Rolls-Royce (2017) and Standard Chartered Bank (2019) cases, illustrates DPAs effectiveness in enhancing compliance, restoring losses, and minimizing business disruption.