"Halo-Halo Bandung" is an Indonesian patriotic song written by the legendary author, Ismail Marzuki, in 1946. The song decribes the spirit of struggle of the citizens of Bandung during the event of Bandung Sea of Fire in 1946. Recently, a YouTube channel published a video containing the song "Hello Kuala Lumpur", a plagiarized rendition of "Halo-Halo Bandung". As a response to the copyright infringement, several related parties have attempted to ensure the copyright protection of Mr. Ismail Marzuki's monumental creation, "Halo-Halo Bandung".

1. Legal Brief
Song Plagiarism and Copyrights Issue revolving
“Halo-Halo Bandung” vs “Hello Kuala Lumpur”

2. Background
18 January 2021
The application submission
of Copyright protection
over Halo-halo Bandung
Infringement Indication of
Halo-halo Bandung Song
by Kanak TV Circulated to
the Public
September 2023
1 January 2029
Expiration of Copyright
Protection Period of Halo-
Halo Bandung
TOPICS
Enforcement of Copyright Infringement
Response from Affected Parties
Efforts from Affected Parties upon the Infringement
1
2
3
This timeline is correlated with
Art. 58 (1) which states “term
consisting of the life of the
Author and 70 (seventy) years
after the Author’s death,
commencing from 1 January of
the subsequent year”
1 May 1946
The First Time Halo-halo
Bandung Song was
announced to the Public
Hello Kuala Lumpur was
Uploaded on Youtube by
Lagu Kanak TV a
Malaysian Youtube
Channel
30 June 2018
This timeline is correlated with
Art. 1 (1) which states “an
exclusive right of the author
vested automatically on the
basis of declaratory principle”,
therefore, the protection will be
started since the
announcement of the creation
A H R P L e g a l B r i e f
This Photo by Unknown Author is licensed under CC BY-NC-ND

3. International Copyright Principles
Based on Berne Convention
A H R P L e g a l B r i e f
Creations originating in one of the Member States (that is,
creations the author of which is a national of such a State
or creations first published in such a State) must be given
the same protection in each of the other Member States
as the latter grants to the creations of its own nationals.
Art. 5 (1) of Berne Convention
Protection must not be conditional upon compliance with
any formality
Art. 5 (2) of Berne Convention
Protection is independent of the existence of
protection in the country of origin of the creation. If,
however, a Member State provides for a longer term of
protection than the minimum prescribed by the
Convention and the creation ceases to be protected in
the country of origin, protection may be denied once
protection in the country-of-origin ceases.
Art. 5 (2) of Berne Convention
Independence of Protection
National Treatment
Automatic Protection

4. National Copyright Principles Based on Copyrights Law
A H R P L e g a l B r i e f
Automatic Copyright Protection
Exclusive Rights
Author and Copyright Holder
An exclusive right of the Author vested automatically
on the basis of the declaratory principle after creations
are embodied in a tangible form without reducing
restrictions
Art. 1 (1) of Copyrights Law
A Copyright is an exclusive right owned by one or
more Authors which comprises moral rights and
economic rights, and by the right of the Author the
economic rights may be transferred to other entities
which will make them the Copyright Holder, however,
the moral rights will only be eternally inherent to
Authors
Art. 1 (2) jo. Art. 1 (4) jo. Art. 8 of Copyright Law
An Author will have exclusive rights upon its creations
which comprise moral rights that apply for the lifetime and
economic rights that apply 70 (seventy) years after the
Author’s death, accordingly no other party may take
advantage of these rights without the permission of the
Author
Art. 4 jo. Art. 57 jo. Art. 58 of Copyrights Law

5. Stakeholders In The Copyright Regime
A H R P L e g a l B r i e f
Regulator
Ministry of Law and Human Rights c.q. Director
General of Intellectual Property Right
Copyright Holder
The party acquiring a lawful right from the
Author, or other parties who acquire subsequent
rights from the party acquiring such lawful rights
Author
Person or several persons who individually or
jointly produce creations that are unique and
personal
Holder of Related Rights
The parties who hold any right related to
Copyrights as their exclusive right, consisting of
performer, producer of phonogram, or
broadcasting organization
Perpetrator
Any person who intentionally and without right
and the creator's consent infringes the exclusive
rights of the creator
Art. 1 (2) Copyrights Law
Art. 1 (5) Copyrights Law
Art.1 (26) Copyrights Law
Art. 1 (4) Copyrights Law
Art. 112 to Art. 118 Copyrights Law

6. Music Creation
Music Composition
Art. 40 (1) (d)
Published Written Works Artworks
Other Works
Dramatic Works
Photography Works Recording
Audiovisual Works
Consist of:
• Music;
• Songs; and
• Song
Arrangement.
Master Use Right Mechanical Right
Synchronization Rights Digital Performance Right
Grand Right Print Right
A H R P L e g a l B r i e f
The right to an original recording that has
been recorded, either of one part of the
recording, or of the entire recording
The exclusive rights of Copyright Holders
granted to a label or record company to
make reproductions of its creation
The exclusive right for Copyright Holders
to have their creation used for commercial
purposes
The right for Copyright Holders to grant a
licence for creation to be used in an
electronically transcribed medium
The exclusive right of Copyright Holders to
issue licences for musical creations to be
used in an art performance
The exclusive right for Copyright Holders
to issue licenses to print musical creations
into in printed form
Art. 40 (1) Copyright Law

7. Utilization of Music Copyrights
2
1
3
5
4
continue to include their name on their creations
for the purpose of public use
use an alias or pseudonym
change their creations to comply with
appropriateness in the community
change the title and subtitle of their creations
defend their rights in the event of a
distortion, mutilation, or modification of their
creations
1 publication of the creation
2 reproduction of the creation in all its forms
3 translation of the creation
4 adaptation, arrangement, or transformation of
the creation
5 distribution of the creation or their copies
6 performance of the creation
7 publication of the creation
8 communication of the creation
9 rental of the creation
A H R P L e g a l B r i e f
Moral Rights
Art. 5 (1) Copyright Law
Economic Rights
Art. 9 (1) Copyright Law
Copyright Inheritance
Based on Art. 16 (2), it regulates that a Copyright can be
transferred to the Author's successor. Therefore, in case
the Author passes away, then the successor may utilize
the rights vested in the Author's creation.

8. Enforcement of Music Copyright
Infringement
A H R P L e g a l B r i e f
Copyright can be utilized for certain occasions without
the need for approval from the Author under the
condition that the utilization is not prejudicing the
reasonable interests (economic interest) of the Author as
referred to in Article 44 of Copyright Law
Commercial Use
Authors have the right to grant a license to other parties
pursuant to a written agreement to utilize the Authors’
creation, including the transfer of rights to commercialize
the creation as referred to in Article 80 of Copyright Law
Fair Use
LIMITATION
Findings of infringement of
the Author’s exclusive right,
comprised of moral rights
and/or economic rights
Civil
Art. 96 (1) Copyright Law
Criminal
Art. 112 – 120 Copyright Law
Commercial
Court
Alternative Dispute
Resolution
Aiming to claim indemnity
over the infringement of
Copyright
Aiming to imprison the
perpetrator which up to 1
until 10 years of prison
Police
Art. 95 (1) Copyright Law Art. 110 (1) Copyright Law

9. Comparison Between Indonesian and
Malaysian Copyright Regulation
Joined the
Berne Convention
5 September 1997 1 October 1990
Copyright Protection
Regulation
Law No. 28/2014 Copyright Act 1987
Settlement
Commercial/Criminal Commercial/Criminal
Forum for Settlement
Commercial
Court/ADR/Police
Court/ADR/IP Office
A H R P L e g a l B r i e f

10. Preliminary Conclusion (1/2)
A H R P L e g a l B r i e f
Enforcement of Copyright Infringement
Civil
Commercial
Court
Alternative Dispute
Resolution
1 Criminal
Police
2
Based on the description we have mentioned. There will be 2 (two) options for the enforcement of Halo-
halo Bandung infringement, as follows:
Responses from Affected Parties
Directorate General of IPR
Author’s Successor
“Referring to the provisions of Article 5 of the Berne
Convention, the creative work of the song Halo-halo
Bandung created by Ismail Marzuki is automatically
protected in all member countries of the Berne
Convention”
Ministry of Foreign Affairs
“It is done by individuals, not by the government [of
Malaysia]. So, the Indonesian government doesn’t
need to react too much about it” stated after the
Ministry of Foreign Affairs communicated the issue to
the Ministry of Communication and Multimedia Media
Malaysia
Ministry of Education, Culture, Research,
and Technology
“This morning we have sent a protest to the YouTube
channel and asked that this case be handled
immediately”
“I was disappointed when I found out that there was a
song similar to Halo-halo Bandung. I consider this to
be a form of plagiarism and copyright/intellectual
violation committed by these irresponsible parties and
must be resolved immediately.”
According to Art. 16 (2) Copyright Law, a Copyright may be
transferred to the Author’s successor. Therefore, in this case,
the effort done by the successor of the Author’s Halo-halo
Bandung to enforce the infringement of Halo-halo Bandung is
in accordance with the applicable law.
Author/Successor’s Representative
“It is now clear that what happened was the changing
of the lyrics of Halo-halo Bandung, which is a
violation of moral rights. So, it is clear that in this
case, the moral rights of the creator were violated, his
name was not included, and the creation was
changed”

11. Preliminary Conclusion (2/2)
A H R P L e g a l B r i e f
Efforts from Affected Parties upon the Copyright Infringement
Finding the Perpetrator
In the effort to bring justice to the right person, right now both the officials and the
Author/Successors are looking for the real perpetrator, therefore, the enforcement can be
proceeded in accordance with the applicable law.
Take Down the Content
To prevent any further infringement, the Author/Successors have reported the content
concerned to the Directorate General of IPR and Ministry of Communication and asked the
mentioned institutions to take down the content spread in social media, especially TikTok
and YouTube.
Verification
The related Institutions that have received reports from the Affected Parties are now
conducting verification to further take action on the content that infringed the Copyright of
Halo-halo Bandung.

12. We will continue to follow the developments on this topic and provide additional information as it becomes
available. If you have any questions on this topic, please contact:
M. Fadra Heryndra
fadra@ahrplaw.com
Jeff Nolan Lintang
jeff@ahrplaw.com
Muhammad Farisi
farisi@ahrplaw.com
This publication has been prepared by AHRP for educational and informational purposes only. The information contained in this publication is not
intended and should not be construed as legal advice. Due to the rapidly changing nature of law, AHRP makes no warranty or guarantee concerning
the accuracy or completeness of this content. You should consult with an attorney to review the current status of the law and how it applies to your
circumstances before deciding to take any action.
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