by Setyawati Fitrianggraeni and Tiara Amanda Putri
Overview
As part of public service transformation, the government has issued Minister of Law Regulation No. 5 of 2026, replacing the previous regulation (Minister of Law and Human Rights Regulation No. 67 of 2016), which is considered no longer aligned with current legal needs and the rapid pace of digitalization.(1) This new regulation reflects the government’s concrete effort to support MSMEs, which often face challenges such as limited capital and lack of information on trademark registration.(2) By promoting efficiency and legal certainty, this regulation strengthens the creative economy ecosystem through simplified administrative requirements, improved transparency via the Official Trademark Gazette, and a faster substantive examination process to support product development and global market expansion.(3)
Trademark registration is essential for business continuity, as it represents a company’s identity, holds commercial value, and distinguishes products in the global market.(4) As MSMEs significantly contribute to Indonesia’s Gross Domestic Product,(2) trademark protection under the first-to-file system is essential to secure exclusive rights and prevent disputes; however, low legal awareness and limited NIB ownership among business actors underscore the need for regulation support and technical assistance to enhance their capacity and competitiveness, particularly for entry into modern retail markets.(5)
Key Highlights
- Acceleration of Administrative Timeline and Substantive Examination
This regulation prioritizes faster procedures to reduce bureaucratic barriers for all trademark applicants.(3) The Directorate General of Intellectual Property (DJKI), as the implementing authority, has significantly shortened the substantive examination period from 150 days to 30 days (if there is no objection) or up to 90 calendar days (if an opposition is filed). The official trademark excerpts can also be issued within one working day. This acceleration is supported by the optimization of the IT system, including faster recording of trademark renewals within four working days, providing quicker legal certainty for businesses in commercial transactions and partnerships.(6)
- Expanded Flexibility for Documents Proving Micro and Small Business Enterprises or Usaha Mikro, Kecil, dan Menengah (UMKM) Status
This regulation introduces an administrative solution to help micro and small business owners access more affordable special trademark registration fees. The regulation targets UMKM actors, village cooperative managers, and Individual Company (Perseroan Perorangan) owners who often face difficulties in meeting standard formal documentation requirements. It is implemented by providing four valid proof options: an UMKM Recommendation Letter issued by an authorized institution, risk-based business licensing documents from the Online Single Submission (OSS) system, an Individual Company Registration Certificate, or the legal establishment approval of the Merah Putih Village/Sub-district Cooperative.(6)
- Service Digitalization and Legal Protection in Force Majeure Situations
This regulation explicitly ensures that applicants’ rights remain protected in circumstances beyond human control.(6) The protection applies to applicants or their representatives facing obstacles such as natural disasters, war, or other major disruptions that prevent the timely fulfilment of administrative obligations.(1) The mechanism allows applicants to request an extension for submitting required documents or responses, supported by valid evidence of the force majeure event. In addition, the final registration outcome and official certificate extracts are now issued electronically, improving public access to trademark documents.(6)
References
1. Minister of Law of the Republic of Indonesia Regulation No. 5 of 2026 on Trademark Registration.
2. Mega Jaya BP, Fasyehhudin M, Naddifah W. Kebijakan Pemerintah tentang Merek dalam Memberikan Perlindungan Hukum terhadap UMKM. Jurnal Ilmiah Advokasi. 2022 Sep 16;10(2):98–105. doi:10.36987/jiad.v10i2.2333
3. Direktorat Jenderal Kekayaan Intelektual. DJKI Permudah Syarat Merek UMK Melalui Permenkum Nomor 5 Tahun 2026. 2026. Available from: https://dgip.go.id/artikel/detail-artikel-berita/djki-permudah-syarat-merek-umk-melalui-permenkum-nomor-5-tahun-2026
4. Widiantoro RF. Pendaftaran Merek Sebagai Sarana Perlindungan Hukum. Jurnal Lex Renaissance. 2022 Apr 1;7(2):416–26. doi:10.20885/JLR.vol7.iss2.art14
5. Haris M, Ananda R. Pendampingan Pendaftaran Merek untuk Meningkatkan Daya Saing UMKM di Kabupaten Barito Kuala. KOMUNITA: Jurnal Pengabdian dan Pemberdayaan Masyarakat. 2026 Feb 22;5(1):567–77. doi:10.60004/komunita.v5i1.520
6. Mindi. Terkini, Daftar Merek Cepat? Permenkum No. 5 Tahun 2026 dan Penjelasannya. 2026. Available from: https://digilaw.id/daftar-merek-cepat-permenkum-terbaru/
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