The rapid development of digital technology has significantly simplified the distribution of creative works. Electronic books (e-books), training materials, academic publications, and other digital content can now be shared within seconds through various online platforms, including Telegram.
However, this convenience has also facilitated practices that may harm copyright owners. It is not uncommon to find Telegram groups actively distributing paid e-books without authorization to thousands of members. This raises an important legal question: can such conduct be considered copyright infringement under Indonesian law?
Unauthorized Distribution of Paid E-Books May Constitute Copyright Infringement
Under Indonesian law, e-books are protected works under Law No. 28 of 2014 on Copyright (“Copyright Law“). Copyright owners possess exclusive rights to control the use and commercial exploitation of their works.
Article 9 paragraph (1) of the Copyright Law grants economic rights to authors and copyright holders, including the rights to publish, reproduce, translate, distribute, announce, and communicate their copyrighted works to the public.
Furthermore, Article 9 paragraph (2) stipulates that any person seeking to exercise these economic rights must obtain authorization from the author or copyright holder. Article 9 paragraph (3) expressly prohibits unauthorized reproduction and/or commercial use of copyrighted works.
When an individual purchases a paid e-book or PDF publication, the purchaser generally acquires only a limited right to access and use the content. The purchase does not automatically confer the right to reproduce, distribute, or share the file with third parties.
Accordingly, uploading a paid e-book to a Telegram group and making it available to other members may satisfy the legal elements of unauthorized reproduction and distribution. Such conduct may therefore constitute an infringement of the copyright holder’s economic rights under Indonesian copyright law.
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Copyright Liability Risks for Telegram Group Operators and Content Contributors
In practice, copyright infringement on Telegram is not limited to the individual who initially uploads the unauthorized file. Group administrators may also face legal exposure if they knowingly allow, facilitate, or fail to prevent the dissemination of infringing content within their groups.
Legal analyses concerning copyright violations on digital platforms indicate that parties involved in facilitating or enabling the unauthorized distribution of copyrighted works may be held accountable where there is evidence of intentional conduct or active participation in the dissemination process.
The legal risks become particularly significant where a Telegram group is specifically established for the purpose of illegally sharing paid books, educational materials, software, or other digital works. In such circumstances, the group itself may be viewed as a mechanism for the unauthorized distribution of copyrighted content, causing economic harm to copyright holders.
Article 113 of the Copyright Law provides criminal sanctions for parties who unlawfully infringe the economic rights of authors and copyright holders. Certain violations may result in substantial fines and imprisonment.
Where the infringement qualifies as piracy, Article 113 paragraph (4) of the Copyright Law imposes a maximum penalty of ten years’ imprisonment and/or a fine of up to IDR 4 billion.
These provisions demonstrate that digital piracy is not merely an ethical concern. Under certain circumstances, it may result in serious criminal liability
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Enforcement Options for Copyright Holders Under Indonesian Law
Copyright holders have several legal mechanisms available to protect their works against unauthorized online distribution.
One of the most common initial measures is submitting a takedown request to the relevant platform to remove infringing content. Prompt removal can help mitigate further unauthorized dissemination and reduce potential economic losses.
In addition, copyright holders may initiate civil proceedings to seek compensation for damages arising from the unauthorized distribution of their works. Such claims may be filed before the Commercial Court in accordance with the procedures established under the Copyright Law.
According to data published by Indonesia’s Directorate General of Intellectual Property (Direktorat Jenderal Kekayaan Intelektual – DGIP), more than twenty copyright disputes involving e-books and digital written works were handled through mediation mechanisms between 2022 and early 2024. This trend reflects increasing enforcement efforts against digital piracy and growing awareness of copyright protection in the digital environment.
From a civil law perspective, the unauthorized dissemination of paid e-books may also constitute an unlawful act (Perbuatan Melawan Hukum). Article 1365 of the Indonesian Civil Code (“KUHPerdata”) provides that any unlawful act causing damage to another party obliges the wrongdoer to compensate the injured party for such losses. Consequently, copyright holders may pursue compensation for economic damages resulting from the illegal distribution of digital content.
In addition to the specific protections provided under the Copyright Law, Law No. 1 of 2023 concerning the Indonesian Criminal Code (“Criminal Code”) reflects the broader legal principle that property rights and other legally protected interests must be safeguarded against unlawful interference. Although copyright infringement is primarily governed by the Copyright Law as a lex specialis regime, the existence of general criminal law provisions further underscores the state’s commitment to protecting legitimate rights and interests from unlawful conduct.
Conclusion
For businesses, authors, publishers, educators, and digital creators, copyright protection serves as an essential mechanism for preserving the economic value of creative works. At the same time, internet users should understand the legal limitations associated with the use and sharing of digital content in order to avoid inadvertent legal risks.
It is important to recognize that purchasing a paid e-book does not grant the purchaser the right to redistribute the work to others. Where a copyrighted work is shared without authorization through a Telegram group, such conduct may infringe the economic rights of the copyright holder and expose the parties involved to various legal consequences, including content removal, civil liability for damages, and, in certain cases, criminal prosecution under Indonesian law.***
Regulations:
- Law No. 28 of 2014 on Copyright (“Copyright Law“).
- Indonesian Civil Code (“Civil Code”).
- Copyright Law, Law No. 1 of 2023 concerning the Indonesian Criminal Code (“Criminal Code”).
References:
- CRZ. (2025). Tegas Berantas Pembajakan Buku, DJKI Jalin Kolaborasi Lintas Sektor. Direktorat Jenderal Kekayaan Intelektual (DJKI). (Accessed on 5 June 2026 at 14:40 AM (WIB)).
- Wibisono, G. J. A. Perlindungan Hukum Bagi Pencipta Terhadap Pembajakan E-Book Di Market Place Berdasarkan Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta. Technology and Economics Law Journal, 3(1), 5. (Accessed on 5 June 2026 at 15:17 AM (WIB)).
- Rahmanto, F., Fauziyah, H., Pramesti, N., Maghfirani, S., & Setiawati, D. (2024). Penegakan Hukum di Indonesia dan Kebijakan Telegram Terhadap Pembajakan Film dan Drama di Aplikasi Telegram. Jurnal Hukum dan HAM Wara Sains Учредители: PT. Sanskara Karya Internasional, 3(3), 296-309. (Accessed on 5 June 2026 at 15:34 AM (WIB)).
- Sari, I. N. (2022). Perlindungan Hak Kekayaan Intelektual Terhadap Pembajakan Buku di Aplikasi Telegram Berdasarkan Fatwa MUI No. 1 Tahun 2005 (Doctoral dissertation, UIN Sunan Kalijaga Yogyakarta). (Accessed on 5 June 2026 at 16:13 AM (WIB)).
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