Database

Browse Database

INDONESIA

Since October 2011

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Law No. 17/2017 on State Intelligence 2011 (Undang-undang Republik Indonesia Nomor 17 Tahun 2011 Tentang Intelijen Negara)
The Law on State Intelligence passed in October 2011 mandates that the collection of information on a person that is considered harmful to national interest and security should be based on the Head of State Intelligence Agency's order. The Law broadly authorises the Indonesian State Intelligence Agency (BIN) to engage in efforts “to prevent and/or to fight any effort, work, intelligence activity, and/or opponents that may be harmful to national interests and national security” (Art. 6). This may include communications surveillance. BIN's intelligence activities, including to collect information, should meet the following requirements: 1) they are for the purpose of intelligence function; 2) they are based on the Head of BIN's order; 3) they should be conducted without making any arrest and/or detention; and 4) they should be conducted in cooperation with a law enforcement agency. Civil society advocates in Indonesia had denounced the draft bill, which was nevertheless passed.
Coverage Horizontal

INDONESIA

Since December 2016
Since November 2019

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Circular of the Minister of Communication and Information Technology No. 5/2016

Government Regulation of the Republic of Indonesia No. 80 of 2019 on Trading Through Electronic Systems (Peraturan Pemerintah Republik Indonesia Nomor 80 Tahun 2019 Tentang Perdagangan Melalui Sistem Elektronik)
Circular of the Minister of Communication and Information Technology No. 5/2016 provides the exemption to e-commerce providers from liability for failures to comply with the relevant laws in the event of force majeure, errors, or negligence. E-commerce providers will only be responsible for prohibited content posted on their platform if they are unable to prove that the uploading of such content was caused by the users.
In addition, Government Regulation No. 80/2019 provides broad immunity to e-commerce service providers and intermediary service providers from the legal consequences arising from illegal third-party content. For e-commerce service providers, the regulation discharges them from any liability for illegal content found on their platforms, provided they have acted expeditiously to remove or restrict access to such content after knowing of its existence (either by way of a report from a third party or finding it out themselves). To ensure that an e-commerce service provider is alerted of illegal content on its platform, the regulation requires such provider to provide terms of use/terms and conditions of the platform to its users and employ certain technology and/or features in the platform for users to submit a report.
The regulation discharges intermediary service providers from any liability for illegal content, provided that such providers act as a mere conduit. If an intermediary service provider provides an 'interactive computer service', such as a social media platform, they will be discharged from any liability for restricting or removing access to content if such action was carried out in good faith and based on a report that such content is illegal.
Coverage Internet Intermediaries

INDONESIA

Since December 2016
Since November 2019
Since November 2020, last amended in November 2021

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Circular of the Minister of Communication and Information Technology No. 5/2016

Government Regulation of the Republic of Indonesia No. 80 of 2019 on Trading Through Electronic Systems (Peraturan Pemerintah Republik Indonesia Nomor 80 Tahun 2019 Tentang Perdagangan Melalui Sistem Elektronik)

Regulation of the Minister of Communications and Informatics of the Republic of Indonesia No. 5 of 2020 on Private Electronic System Operators (“Regulation 5”) (Peraturan Menteri Komunikasi Dan Informatika Republik Indonesia Nomor 5 Tahun 2020 Tentang Penyelenggara Sistem Elektronik Lingkup Privat)
Circular of the Minister of Communication and Information Technology No. 5/ 2016 provides the exemption to e-commerce providers from liability for failures to comply with the relevant laws in the event of force majeure, errors, or negligence. E-commerce providers will only be responsible for prohibited content posted on their platform if they are unable to prove that the uploading of such content was caused by the users.
In addition, Government Regulation No. 80/2019 provides broad immunity to e-commerce service providers and intermediary service providers from the legal consequences arising from illegal third-party content. For e-commerce service providers, the regulation discharges them from any liability for illegal content found on their platforms, provided they have acted expeditiously to remove or restrict access to such content after knowing of its existence (either by way of a report from a third party or finding it out themselves). To ensure that an e-commerce service provider is alerted of illegal content on its platform, the regulation requires such provider to provide terms of use/terms and conditions of the platform to its users and employ certain technology and/or features in the platform for users to submit a report.
The regulation discharges intermediary service providers from any liability for illegal content, provided that such providers act as a mere conduit. If an intermediary service provider provides an 'interactive computer service', such as a social media platform, they will be discharged from any liability for restricting or removing access to content if such action was carried out in good faith and based on a report that such content is illegal.
Furthermore, MOCI Regulation 5 of 2020 provides that private ESOs hosting user-generated content may be exempted from legal liability for prohibited content transmitted or distributed on their electronic systems as long as they have fulfilled their governance obligations, shared information on subscribers who uploaded the prohibited content for monitoring and law enforcement purposes, and take down the prohibited content as regulated under MOCI Regulation 5. According to the law, private ESOs must ensure that their electronic systems do not (i) contain prohibited electronic information or documents and (ii) facilitate the dissemination of prohibited electronic information or documents. They also must take down prohibited content within 24 hours or four hours (the latter is for urgent prohibited content, such as child pornography content, terrorism content, and content that causes public unrest, which is very broad) after receiving the takedown notice. MOCI Regulation 5 classifies prohibited content into content that is in violation of laws and regulations, causes anxiety for society, and disturbs public order based on the government’s assessment, posts, or provides access to prohibited content.
Coverage Internet Intermediaries

INDONESIA

Since September 2017

Pillar Intermediary liability  |  Indicator User identity requirement
Minister of Communication and Information Technology Regulation No. 14 of 2017
According to Art. 5 of the Minister of Communication and Information Technology Regulation No.14 of 2017, to get a prepaid phone SIM card in Indonesia, a customer must register their phone prepaid SIM card with their valid national ID and family register card, or a passport for foreigners. For the Registration process using a passport, the information to be registered includes at least name, passport number, citizenship, and place and date of birth.
Coverage Telecommunications sector

INDONESIA

Since November 2020

Pillar Intermediary liability  |  Indicator Monitoring requirement
Regulation of the Minister of Communication and Information Technology No. 5 of 2020 concerning Electronic System Operators for Private Scope (MR5)
According to regulation MR5 of 2020, Private Electronic System Operators (ESOs), except cloud providers, are required to ensure that their service, websites, or platforms do not contain and do not facilitate the dissemination of prohibited information or documents. Private ESOs are then required to ensure that their system does not carry prohibited content or information, which will, in practice, require a general monitoring obligation and the adoption of content filters.
Coverage Internet Intermediaries

INDONESIA

Reported in 2016, last reported in 2025

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
Reports indicate that Grindr, along with at least two other applications (Blued and BoyAhoy), has been blocked in Indonesia since 15 September 2016, with such restrictions remaining in effect in 2025. The government justified these measures on the grounds that gay dating applications contravened the Law on Pornography No. 44/2008 (Undang-undang (UU) Nomor 44 Tahun 2008 tentang Pornografi), whose Art. 18 authorises the government to disrupt networks involved in the production and distribution of pornographic products or services.
Coverage Grindr

INDONESIA

Since October 2019
Since November 2020, last amended in November 2021

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Regulation of the Government of the Republic of Indonesia No. 71 of 2019 on Electronic System and Transaction Operations (Peraturan Pemerintah Republik Indonesia Nomor 71 Tahun 2019 Tentang Penyelenggaraan Sistem Dan Transaksi Elektronik)

Regulation of the Minister of Communications and Informatics of the Republic of Indonesia No. 5 of 2020 on Private Electronic System Operators (“Regulation 5”) (Peraturan Menteri Komunikasi Dan Informatika Republik Indonesia Nomor 5 Tahun 2020 Tentang Penyelenggara Sistem Elektronik Lingkup Privat)
Art. 21 of Government Regulation No. 71/2019 allows electronic system operators (ESOs) in the private sector to store and process electronic transaction data outside Indonesia, provided certain conditions are met. Companies must ensure that their electronic systems and data remain accessible to Indonesian authorities for supervision and law enforcement. ESOs in the private sector are defined as individuals, business entities, or communities that either (i) are regulated and supervised by the relevant Ministry or Institution based on laws and regulations or (ii) own portals, websites, or applications within the internet network used in, or offered in Indonesia, including those involved in selling, managing, operating, or offering goods and services, as well as search engines. Regulation of Minister of Communication and Informatics No. 5 of 2020 on Private Electronic System Operators ("Regulation 5") implements Government Regulation No. 71/2019.
Coverage Electronic systems operators for private scope

INDONESIA

Since April 2008, entry into force in April 2010, as amended in November 2016, last amended in January 2024

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Law No. 11 on Electronic Information and Transactions (Undang-undang (UU) Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik)
Art. 40 of the Law on Electronic Information and Transactions confers upon the government the authority to terminate access to electronic information and/or electronic documents, or to instruct electronic system operators to do so, where such material contains unlawful content. Any such instruction addressed to an electronic system operator may take the form of access termination and/or independent content moderation in respect of electronic information and/or electronic documents containing pornographic material, gambling-related content, or other forms of content as stipulated under the applicable laws and regulations, insofar as such measures are technologically feasible. In addition, the government is empowered to require electronic system operators to undertake content moderation of electronic information and/or electronic documents that are deemed harmful to the safety of life or to the health of individuals or the public at large.
It is reported that, in May 2025, the authorities briefly blocked access to the digital library Archive.org. This temporary restriction formed part of the government’s enforcement actions in response to potential copyright infringements and the identification of content alleged to contravene the Law on Electronic Information and Transactions.
Coverage Digital library Archive.org

INDONESIA

Since November 2019

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Government Regulation of the Republic of Indonesia No. 80 of 2019 on Trading Through Electronic Systems (Peraturan Pemerintah Republik Indonesia Nomor 80 Tahun 2019 Tentang Perdagangan Melalui Sistem Elektronik)
Art. 59 of the Government Regulation No. 80/2019 states that personal data collected in e-commerce activities cannot be sent overseas unless the relevant Ministries confirm that the foreign country has the same level of personal data protection standard as Indonesia.
Coverage E-commerce activities

INDONESIA

Since December 2016

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Regulation of Minister of Communication and Informatics No. 20 of 2016 on Personal Data Protection in Electronic Systems (Peraturan Menteri Komunikasi dan Informatika Nomor 20 Tahun 2016 tentang Perlindungan Data Pribadi Dalam Sistem Elektronik)
Pursuant to Arts. 1, 3, and 6 of the "Regulation of the Minister of Communication and Informatics No. 20 of 2016 on Personal Data Protection in Electronic Systems", electronic system operators are required to obtain the consent of data subjects prior to any cross-border transfer of personal data. Such consent must be provided either in Bahasa Indonesia or in a bilingual format and may be obtained either electronically or in hard copy.
For the purposes of this regulation, an electronic system operator is defined as any individual, state authority, business entity, or community group that provides, manages, and/or operates electronic systems, either independently or jointly, for the benefit of users of electronic systems, whether for their own purposes or on behalf of third parties.
Coverage Electronic system operators

INDONESIA

Signed in March 2019, entry into force in July 2020

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Indonesia - Australia Comprehensive Economic Partnership Agreement
Indonesia has joined an agreement with binding commitments to open transfers of data across borders: Indonesia - Australia Comprehensive Economic Partnership Agreement (Art. 13.11).
Coverage Horizontal

INDONESIA

Reported in 2020, last reported in 2024

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Government of Indonesia holds a majority equity stake in the telecommunications company Telkom Indonesia, owning approximately 52% of its shares.
Coverage Telecommunications sector

INDONESIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
Indonesia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

INDONESIA

Since April 1994

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Indonesia has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

INDONESIA

Reported in 2017, last reported in 2025

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
It is reported that Indonesia lacks a telecommunications authority whose decision-making process is independent of the government. In general, matters relating to telecommunications are regulated and supervised by the Ministry of Communication and Digital.
Coverage Telecommunications sector

Report issue     Report new measure