Database

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INDONESIA

Reported in 2023

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Blocking the online content
It is reported that websites and apps in Indonesia are frequently blocked for hosting what the government defines as “negative” content or for not complying with national regulations. For instance, in 2021, the Ministry of Communication and Information Technology (Kominfo) blocked the platforms Snack Video, TikTok Cash, and VTube on the grounds that they engaged in financial and other services without Financial Services Authority (OJK) licensing. In July and August 2022, Kominfo blocked access to major sites, including Yahoo, the gaming service Steam, and the payment processor PayPal, for several days. These sites were unblocked after complying with registration requirements under MR 5/2020. Additionally, between 2016 and July 2020, the film and television streaming service Netflix was inaccessible to Telkom Indonesia and Telkomsel customers despite the absence of a formal blocking notification from Kominfo. In September 2023, Kominfo blocked TikTok Indonesia. The Ministry of Trade stated that it is working to further regulate e-commerce, emphasising that transactions on social media platforms are not permitted in the country.
Coverage Websites

INDONESIA

Since November 2020
Since October 2019

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Indonesia Minister of Communication and Informatics Regulation No. 5/2020 (Peraturan Menteri Komunikasi dan Informatika Nomor 5 Tahun 2020 tentang Penyelenggara Sistem Elektronik Lingkup Privat)

Government Regulation No. 71/2019 on the Provision of Electronic System and Transaction (Peraturan Pemerintah (PP) Nomor 71 Tahun 2019 Penyelenggaraan Sistem dan Transaksi Elektronik)
According to the Minister of Communication and Informatics Regulation No. 5 of 2020 on Private Electronic System Operators, foreign Private Electronic System Operators (ESOs) are required to register their businesses with the relevant ministry through the online single submission system. ESOs should also appoint liaison officers, who have to be domiciled in Indonesia. The duty of the liaison officer is to facilitate any access request by government authorities and takedown requests. According to the regulation, ESOs are persons, business entities, or communities that operate an electronic system. ESOs include electronic system operators that are supervised by ministers or institutions in accordance with laws and regulations and electronic system operators that have an online portal, site, or application through the Internet. The requirement was first enacted with Government Regulation No. 71/2019 regarding the Provision of Electronic Systems and Transaction which repealed the Government Regulation No. 82 of 2012.
Coverage Electronic system operators

INDONESIA

Since March 2014, last amended in November 2020
Since August 2007, last amended in December 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Law of the Republic of Indonesia No. 7/2014 About Trade (Trade Act)

The Law of the Republic of Indonesia No. 40 of 2007 Concerning Limited Liability Company
Pursuant to Art. 24 of the Trade Act and Art. 5 of the Limited Liability Company Act, all exporters and importers are subject to a licence issued by the government, which is subject to a commercial presence requirement.
Coverage Horizontal

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 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

Since September 2022, entry into force in October 2022

Pillar Domestic data policies  |  Indicator Framework for data protection
Law No. 27 of 2022 on Personal Data Protection (Undang-undang Nomor 27 Tahun 2022 tentang Pelindungan Data Pribadi)
Law No. 27 establishes a general framework for the protection of personal data in Indonesia. It is closely aligned with international data privacy standards and is largely modelled on the European Union’s General Data Protection Regulation. Data controllers, data processors, and relevant parties that process personal data are given a two-year transition period following the enactment of Law No. 27, which is up to 17 October 2024, to conform to it. Once the transition period elapses, all such parties must comply with all the provisions of Law No. 27, and any noncompliance thereto may possibly be enforced.
Coverage Horizontal

INDONESIA

Since July 2000

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 (Art. 8 of the Government Regulations No. 52 regarding Telecommunications Operations).
Coverage Telecommunication 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

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Indonesia has a telecommunications authority: the Indonesian Telecommunication Regulatory Authority (BRTI). However, it is reported that this entity's decision-making process is not fully independent of the government.
Coverage Telecommunications sector

INDONESIA

Since July 2022, entry into force in October 2022
Since December 2016, last amended in March 2020

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
OJK Regulation (POJK) No. 11/POJK.03/2022 on the Implementation of Information Technology by Commercial Banks (Peraturan Otoritas Jasa Keuangan Nomor 11/POJK.03/2022 Tahun 2022 tentang Penyelenggaraan Teknologi Informasi Oleh Bank Umum)

POJK No. 38/POJK.03/2016 on the Implementation of Risk Management in the Use of Information Technology by Commercial Banks (Peraturan Otoritas Jasa Keuangan Nomor 38/POJK.03/2016 Tahun 2016 tentang Penerapan Manajemen Risiko Dalam Penggunaan Teknologi Informasi oleh Bank Umum)
In accordance with Art. 35 of OJK Regulation (POJK) No. 11/POJK.03/2022, banks are required to place their electronic systems in data centres and disaster recovery centres in Indonesia. Yet, banks may place them outside Indonesia upon obtaining authorisation from the Financial Services Authority (OJK). According to Art. 36, banks may apply for an authorisation provided that they:
- meet the regulatory provisions on the use of IT service providers in IT implementation;
- submit the results of the country risk analysis;
- ensure that the placement of the electronic systems in data centres and/or disaster recovery centres outside Indonesia does not diminish the effectiveness of OJK’s supervision as demonstrated by a statement letter;
- ensure that information regarding the bank’s confidentiality is only disclosed on the condition that such disclosure complies with the provisions of the statutory regulations in Indonesia, as evidenced by the cooperation agreement between the bank and the IT service provider;
- ensure that the written agreement with the IT service provider contains a choice of law clause;
- submit a no-objection letter from the supervisory authority of the IT service provider outside Indonesia so that OJK can conduct inspections on the IT service provider;
- submit a statement letter that the bank shall periodically submit the results of assessments conducted by the bank office(s) outside Indonesia on the application of risk management on the IT service provider;
- ensure that the placement plan of the electronic systems in data centres and/or disaster recovery centres outside Indonesia delivers more benefits than the costs for the bank; and
- submit the bank's plan to improve the bank's human resources capacity, both in IT implementation and in business transactions or products offered.
In addition, according to Art. 39, banks are required to process IT-based transactions within the Indonesian territory. However, the processing of IT-based transactions by the IT service providers outside Indonesia can be carried out provided that the bank has obtained authorisation from OJK. Banks may apply for an authorisation on the condition that:
- IT service providers comply with the prudential principle, with the regulatory provisions on the IT service providers in IT implementation, and take heed of consumer protection.
- the supporting documents for financial administration for transactions conducted at the bank offices in Indonesia are administered at the bank offices in Indonesia; and
- the bank's business plan demonstrates efforts to increase its role in developing Indonesia’s economy.
OJK Regulation (POJK) No. 11/POJK.03/2022 revoked and declared null and void OJK Regulation (POJK) No. 38/POJK.03/2016, which already required foreign banks and payments networks to locate data centres and process electronic transactions in Indonesia.
Coverage Financial sector

INDONESIA

Since December 2020

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Bank Indonesia Regulation No. 22/23/PBI/2020 on Payment Systems (Peraturan Bank Indonesia Nomor 22/23/PBI/2020 Tentang Sistem Pembayaran)
Art. 35 of Bank Indonesia Regulation No. 22/23/PBI/2020 requires domestic processing of initiation-authorisation-clearing-settlements phases of payment transactions for instruments issued by Indonesia's payment service provider and conducted within the territory of the Republic of Indonesia. Indonesia opens the possibility of such payment transactions being processed outside of Indonesian territory for the purpose of global reconciliation, integrated risk management system, and anti-money laundering. However, this is subject to Bank Indonesia's approval.
Coverage Financial sector

INDONESIA

Since October 2019

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
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)
Art. 20 of Regulation No. 71 provides that public electronic system operators (ESOs) are required to manage, process, and/or store electronic systems and electronic data in the territory of Indonesia, except if the technology is not yet available. Private ESOs can manage, process, and/or store electronic systems and electronic data in Indonesia and/or outside the country (Art. 21). However if management is carried out outside, it must ensure the effectiveness of supervision by the ministry, etc.
Art. 1 contains several key definitions:
- Electronic system: a set of electronic equipment and procedures that have the function of preparing, collecting, processing, analysing, storing, displaying, announcing, delivering, and/or disseminating electronic information.
- ESO: any persons, state administrators, business entities and the public that provide, manage and/or operate an electronic system individually or jointly to electronic system users for its own interests and/or the interests of another party.
- Public ESO: an electronic system operation by a state administrator agency or institutions appointed by a state administrator agency.
- Private ESO: an electronic system operated by a person, business entity, and the public.
With the entry into force of Regulation No. 71, Regulation No. 82 was repealed and declared null and void. Under Art. 17 of Regulation No. 82, ESOs for public services had to establish data centres and a disaster recovery centre in Indonesia, impacting many private sector companies.
Coverage Electronic system operators

INDONESIA

Since May 2014

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Government Regulation of the Republic of Indonesia No. 46 of 2014 on Health Information Systems (Peraturan Pemerintah Republik Indonesia Nomor 46 Tahun 2014 Tentang Sistem Informasi Kesehatan)
Art. 21 of Government Regulation No. 46/2020 mandates that the health data should be stored in Indonesia.
Coverage Health sector

INDONESIA

Since March 2021

Pillar Cross-border data policies  |  Indicator Infrastructure requirement
Regulation No. 4/POJK.05/2021 - Implementation of Risk Management in the Use of Information Technology by Nonbank Financial Services Institutions (Peraturan Otoritas Jasa Keuangan Republik Indonesia Nomor 4 /pojk.05/2021 Tentang Penerapan Manajemen Risiko Dalam Penggunaan Teknologi Informasi Oleh Lembaga Jasa Keuangan Nonbank)
Under Art. 23 Regulation No. 4/05/2021, non-bank financial institutions are obligated to place their data centre and/or disaster recovery centre within the territory of Indonesia. An exemption of this obligation may only be applicable after obtaining prior approval from the Financial Services Authority (Otoritas Jasa Keuangan, OJK) and only for certain purposes of the electronic system.
Coverage Non-bank financial institutions

INDONESIA

Since October 2021, last amended in November 2022

Pillar Cross-border data policies  |  Indicator Infrastructure requirement
Regulation No. 8 of 2021 on Implementing Guideline of Physical Market Trading of Crypto Assets in the Futures Exchange (Nomor 8 Tahun 2021 Pedoman Penyelenggaraan Perdagangan Pasar Fisik Aset Kripto (Crypto Asset) di Bursa Berjangka)
Under Arts. 7, 11, 14 and 18 of Bappebti Regulation No. 8/2021, the stakeholders of crypto asset trade (i.e., futures market, futures clearing institution, crypto asset physical trader, and crypto asset depository manager) are obligated to place their disaster recovery centre as well as a server or cloud server within Indonesia. The disaster recovery centre must be located within a maximum distance of 20 km from the main server. A crypto asset is defined as a digital, intangible commodity that utilises cryptography, information technology networks, and distributed ledgers to create new units, verify transactions, and secure them without third-party intervention.
Coverage Stakeholders of crypto asset trade

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