How to Conduct an IP Criminal Raid in Indonesia (2026): Step‑by‑step Guide

IP raid Indonesia procedures sit at the sharp end of brand protection, and for rights holders facing large-scale counterfeiting or unlicensed software deployment, a police-led criminal raid is often the fastest route to remove infringing goods from the market. This guide sets out the operational steps brand owners, in-house and outside counsel, compliance teams and private investigators need to request, support and document a criminal raid in Indonesia in 2026. It explains the legal foundation under Indonesia’s intellectual property statutes and the Criminal Procedure Code (KUHAP), who does what, and, critically, how to preserve seized evidence so it survives scrutiny at trial. Throughout, you will find checklists, timelines, cost ranges and the documents required.

The emphasis is practical: what to prepare, who to approach, and the pitfalls that routinely compromise otherwise strong cases.

Who this guide is for: Brand owners, in-house and outside counsel, compliance teams and private investigators who need a practical, step-by-step roadmap to request and support police-led criminal raids and seizures for IP infringement in Indonesia (2026).

This article is general guidance and not legal advice. Criminal enforcement decisions should be taken with qualified local counsel.

Overview, What Is an IP Criminal Raid?

An IP criminal raid is a search-and-seizure operation conducted by the Indonesian National Police (POLRI), supported by the public prosecutor’s office (Kejaksaan), to investigate and suppress criminal intellectual property infringement. Unlike civil enforcement, which produces injunctions, damages or asset restraint through the courts, the criminal route carries the possibility of seizure of infringing stock, arrest of suspects, and criminal prosecution. The distinguishing feature is state power: generally only investigating authorities may lawfully conduct searches, seize goods and detain suspects, exercising authority granted under KUHAP and the criminal provisions embedded in Indonesia’s trademark, copyright and patent legislation.

For a rights holder, the practical appeal is speed and deterrent effect. A well-prepared criminal raid can clear a warehouse of counterfeit product in a single day, something civil litigation rarely matches. But the price of that power is procedure: every entry, seizure and transfer must be documented in line with the Criminal Procedure Code, or the resulting evidence may be challenged.

Legal basis, laws and agencies

• Criminal Procedure Code (KUHAP), Law No. 8 of 1981. Governs searches, seizure, custody of evidence and the powers of investigators.
• IP statutes. The principal laws include Law No. 20 of 2016 on Trademarks and Geographical Indications, Law No. 28 of 2014 on Copyright, and Law No. 13 of 2016 on Patents, each of which contains criminal provisions defining infringement offences and penalties. These statutes have been amended in part by subsequent legislation, including Law No. 6 of 2023 (the Job Creation Law). Confirm the current consolidated text with counsel.
• POLRI. The principal investigating authority that executes searches, effects seizures and prepares case dossiers. Certain IP statutes also grant investigation powers to Civil Servant Investigators (Penyidik Pegawai Negeri Sipil / PPNS) within the Ministry of Law, who coordinate with POLRI.
• Kejaksaan (Attorney General’s Office). Reviews dossiers, acts as the public prosecutor and decides on charges.
• DGIP (Directorate General of Intellectual Property). Maintains the registration records that establish ownership and houses the PPNS unit responsible for certain IP investigations.
• Bea Cukai (Directorate General of Customs and Excise). May detain or suspend the release of suspected infringing goods at borders and coordinates with police on import and export cases.

When criminal enforcement is available

Criminal enforcement is best suited to cases involving commercial-scale infringement, clear intent to deceive, organised distribution networks, or repeat offenders. Most IP offences in Indonesia are complaint-based offences (delik aduan), meaning the rights holder must initiate the matter by lodging a complaint. Where infringement is isolated, inadvertent, or the infringer is a legitimate business open to negotiation, civil or administrative routes may be more proportionate.

Eligibility, When to Use Criminal Enforcement vs Civil Remedies

Choosing the right enforcement track is the single most consequential decision before any IP raid Indonesia operation begins. Criminal enforcement delivers deterrence and physical removal of stock, but it depends on police cooperation, prosecutorial appetite and a clean evidential trail. Civil remedies offer control over strategy, the possibility of damages, and binding settlement, but they can move more slowly and do not carry the threat of arrest.

Quick decision checklist for brand owners

• Scale. Is the volume of infringing goods commercially significant enough to justify police resources?
• Intent. Is there evidence the target knowingly dealt in counterfeit or unlicensed product?
• Evidence availability. Can you prove ownership and produce sample infringing items before approaching police?
• Cross-border element. Are goods being imported or exported, triggering a customs coordination angle?
• Digital exposure. Does the case involve software, servers or electronically stored information (ESI) requiring forensic imaging?
• Recidivism. Is the target a repeat infringer where only a criminal record will change behaviour?

Cases better suited for civil relief or customs action

Where the dispute is essentially commercial, a former distributor, a licensing disagreement, or a grey-market importer, civil proceedings often preserve commercial relationships and recover damages more effectively. Where infringing goods are crossing the border, customs recordation and detention by Bea Cukai may intercept product before it ever reaches distribution, sometimes faster and more cheaply than a full raid. A sophisticated brand protection programme frequently runs these tracks in parallel.

Step-by-step: How to Run an IP Raid Indonesia Operation

This is the operational core of the guide. The steps below assume a complaint-based criminal matter led by POLRI (and/or PPNS) with prosecutorial oversight. Each step identifies who leads, what to prepare, and the output you should expect.

1. Step 1, Prepare your case file and evidence package. Estimated time: 1–7 days. Before approaching any authority, assemble a complete dossier. This includes proof of rights (registration certificates), a power of attorney authorising your counsel or agent, sample infringing goods obtained through controlled test purchases, commercial documents showing scale, and sworn statements from the rights holder and any witnesses. Package these with photographs, product comparison notes distinguishing genuine from fake, and the physical address and operating pattern of the target premises. The stronger and more self-contained this packet, the faster investigators can act.

2. Step 2, Obtain investigator cooperation: how to request a raid. Estimated time: 1–14 days. Submit a formal written request (surat permohonan) and a police report (laporan polisi) to the appropriate POLRI unit, typically the local police with jurisdiction over the premises, or a specialised unit (such as Bareskrim) for larger matters. For certain IP offences you may also engage the PPNS unit at the DGIP. Request language should state the rights held, the offence suspected, the evidence relied on, and the precise assistance sought. Expect an intake interview where investigators test your evidence before committing resources.

3. Step 3, Judicial authorisation and warrants. Estimated time: 1–14 days, sometimes same-day. Under KUHAP, searches of premises and seizures generally require authorisation from the Chief Judge of the local District Court (Ketua Pengadilan Negeri), and in urgent circumstances investigators may act first and seek subsequent approval as provided by law. Investigators prepare the paperwork and coordinate with the court and prosecutor’s office. Your counsel should confirm the authorisation is correctly scoped to the premises and the categories of goods and devices to be seized, because an over-narrow authorisation can leave infringing material behind.

4. Step 4, Operational planning with police and customs. Estimated time: hours to 1 day. Plan timing, entry method, personnel roles and safety. Agree who among the brand team will attend to identify genuine versus counterfeit goods. Where goods originate from or are destined for a port, coordinate with Bea Cukai. Confirm transport and storage arrangements for seized items in advance, a raid that seizes thousands of units with nowhere to store them creates immediate chain-of-custody risk.

5. Step 5, During the raid: what brand representatives do and must not do. Estimated time: 2–6 hours on site. Investigators lead; brand representatives assist. The brand team’s role is to observe, identify and advise, pointing out infringing items, explaining authentication features, and answering investigators’ questions. Brand representatives must never physically seize goods themselves, open locked areas, or handle devices. Self-help seizure contaminates the evidence and can expose the rights holder to counterclaims. Document the scene with your own photographs and notes where investigators permit, but defer to the officers on all seizure acts.

6. Step 6, Seizure paperwork on the day. Estimated time: 1–3 hours. The pivotal document is the minutes of seizure (berita acara penyitaan), which records every item taken, quantities, descriptions and location. Ensure it is accurate, complete and signed by all required parties, including witnesses. Supplement it with a chain-of-custody record, time-stamped photographs and video, and witness statements taken on site. Errors or omissions here are among the most common reasons evidence is later challenged.

7. Step 7, Post-raid: storage, forensic imaging and transfer. Estimated time: immediate to 14 days. Seized goods pass into the custody arrangements managed by the investigators (and, where applicable, the State Confiscated Assets storehouse, Rupbasan), with formal handover documented. For digital evidence, certified forensic examiners should create write-protected images of devices and record cryptographic hash values to demonstrate the data has not been altered. Imaging should be authorised in writing and performed as soon as practicable. Keep a continuous log of who held, moved or examined each item.

8. Step 8, Using seized evidence in criminal proceedings. Estimated time: weeks to months. As the matter moves to the prosecutor, seized items become exhibits. Ensure consistent exhibit numbering that ties back to the seizure minutes, supply expert reports confirming the goods are non-genuine, and prepare witnesses to give evidence on authentication and ownership. The integrity of the chain of custody documented in Steps 6 and 7 is what makes these exhibits admissible and persuasive.

Special considerations for a software license raid Indonesia case

Software and ESI raids demand additional rigour. Rather than seizing bulk goods, investigators image servers, workstations and storage media. Written forensic imaging authorisation should be in place; imaging should be performed by qualified examiners using write-protection; and every image should carry a documented hash value. Maintain a strict log of every device touched. Because software deployment evidence is easily altered or deleted, speed and forensic discipline determine whether the case holds together. Note that electronic evidence is recognised under Indonesian law, including the Electronic Information and Transactions Law (Law No. 11 of 2008, as amended).

Timeline and deadlines for an IP raid Indonesia operation

Standard matters follow the full sequence above. Urgent cases, where goods may be moved or evidence destroyed, can be prioritised. Where online marketplaces or hosting platforms are involved, issue preservation notices early so listings and account data are retained while the physical operation proceeds.

Required Documents

Assemble the following before approaching investigators. Indonesian terms are given because police and prosecutors will reference them directly.

Documents in languages other than Indonesian should be accompanied by certified translations. Several items, the request letter, witness statement, chain-of-custody record and seizure minutes, benefit from being drafted as reusable templates with signature lines and date fields, prepared in both Indonesian and English for international clients.

Costs and Fees

Public law enforcement does not charge a service fee for criminal investigation, but the rights holder bears the cost of investigation, counsel, forensics and sometimes storage. The ranges below are broadly indicative only; actual costs vary significantly with case scale, urgency, provider and travel, and should be confirmed with your providers.

Budget for contingency: protracted cases with large seizures accumulate storage costs, and complex ESI matters can push forensic fees toward the upper end. Obtain written fee estimates from counsel and forensic providers at the outset.

What Changed in 2026

The direction of travel in recent years has been toward more active enforcement and more rigorous handling of digital evidence. The DGIP has continued its outreach and guidance on verifying rights and coordinating complaints, and enforcement practice increasingly emphasises careful evidence handling, particularly for electronically stored information. Documented forensic imaging and hash verification have become effectively indispensable for software and online-infringement cases.

The likely practical effect for brand owners is twofold. First, cases supported by clean registration records and well-prepared dossiers tend to move through intake and authorisation more efficiently, because investigators can act on verifiable foundations. Second, cross-border matters involving import or export are frequently handled through coordination between POLRI, the DGIP’s PPNS unit and Bea Cukai, so rights holders should align their customs recordation and criminal strategies from the outset rather than treating them as separate tracks. Rights holders who invest in forensic discipline and inter-agency coordination tend to achieve stronger, more defensible outcomes. For the latest procedural details, confirm current practice with local counsel and the relevant agencies.

Common Pitfalls and Practical Tips

• Do not attempt self-help seizures. Only authorised investigators may seize goods; brand representatives who handle or remove items risk contaminating evidence and exposing the client to counterclaims.
• Never let the seizure minutes go unsigned. Insist that the berita acara penyitaan is accurate, complete and signed by all required parties before leaving the scene.
• Protect digital evidence integrity. Use qualified examiners, write-protected imaging and documented hash values; an unverified image is easily challenged.
• Capture witness statements promptly. Memories fade and witnesses disperse; take statements on or near the day of the raid.
• Coordinate with customs for cross-border goods. Align with Bea Cukai where product is imported or exported to avoid gaps between seizure tracks.
• Translate foreign-language documents. Provide certified Indonesian translations so authorities can rely on your evidence without delay.
• Scope the authorisation properly. An over-narrow authorisation can leave infringing stock or devices untouched.
• Plan storage before you seize. Arrange secure custody in advance so chain of custody is never improvised.

Criminal Raid vs Civil Remedy vs Customs Seizure

In practice, a mature brand protection programme deploys all three in combination: customs recordation to intercept borders, criminal raids to disrupt commercial-scale infringers, and civil proceedings to recover damages or bind settlements.

Conclusion

Executing an IP raid Indonesia operation successfully is less about aggression and more about preparation and procedural discipline. The brand owners and counsel who prevail are those who arrive with a complete, verifiable dossier, who respect the boundary between observing and seizing, and who treat the seizure minutes and chain of custody as the foundation of the entire case rather than an afterthought. As enforcement and evidence standards tighten, the value of a clean, well-documented IP raid Indonesia process only increases. Combine criminal action with customs coordination and civil remedies where appropriate, engage qualified local counsel early, and build forensic rigour into every step, that is how seizures translate into convictions and lasting deterrence.

For tailored strategy, you can consult the Indonesia, Intellectual Property practice page or the GLE lawyer directory filtered to Indonesia and Intellectual Property.

Sources

1. Directorate General of Intellectual Property (DGIP), Ministry of Law
2. Indonesian National Police (POLRI)
3. Attorney General’s Office (Kejaksaan Republik Indonesia)
4. Directorate General of Customs and Excise (Bea Cukai)
5. National Legislation Repository (Peraturan.go.id)
6. Supreme Court (Mahkamah Agung)