Open Source Software License Template for Indonesia

An Open Source Software License is a legal agreement that allows software developers to release their work under terms that permit free use, modification, and distribution while maintaining compliance with Indonesian law. This document establishes the rights and obligations of both licensors and users, ensuring that open source principles are properly implemented within Indonesia's legal framework.

When do you need this document?

You need this license when releasing software as open source in Indonesia, whether you're an individual developer or part of an organization. It's essential when you want to allow others to use, modify, and distribute your software while protecting your copyright interests. The license is particularly important for commercial entities that contribute to open source projects, as it provides legal clarity about usage rights and limitations. You'll also need this document when distributing software through digital platforms or repositories that require explicit licensing terms.

Key legal considerations

The license must clearly define the scope of rights granted to users, including permissions to use, modify, and distribute the software. Copyright attribution requirements must be specified to comply with Indonesian copyright law, ensuring that original authors receive proper recognition. Liability limitations and warranty disclaimers are crucial to protect the licensor from potential legal claims arising from software use. The license should address derivative works and modifications, establishing whether they must be released under the same open source terms. Patent rights considerations are important, particularly if the software incorporates patentable technology or if contributors might hold relevant patents.

Legal requirements in Indonesia

Under Law No. 28 of 2014 on Copyright, software is protected as a literary work, and any licensing arrangement must respect the copyright holder's exclusive rights. The license must comply with Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law), particularly regarding electronic signatures and digital distribution methods. Government Regulation No. 71 of 2019 provides additional requirements for electronic systems and transactions that may affect software distribution. The license should specify governing law as Indonesian law and designate Indonesian courts for dispute resolution. Copyright notices must be in accordance with Indonesian standards, and any patent-related clauses must consider Law No. 13 of 2016 on Patents. The license terms must be clearly written in a language that users can understand, and electronic acceptance mechanisms must comply with Indonesian electronic transaction requirements.