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
Sources
- https://web.archive.org/web/20231230075107/https://www.eff.org/deeplinks/2021/02/indonesias-proposed-online-intermediary-regulation-may-be-most-repressive-yet
- https://web.archive.org/web/20230206185619/https://www.accessnow.org/indonesia-intermediary-liabilities/
- https://web.archive.org/web/20210223141830/https://jdih.kominfo.go.id/produk_hukum/view/id/759/t/peraturan+menteri+komunikasi+dan+informatika+nomor+5+tahun+2020
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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
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)
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
Sources
- https://web.archive.org/web/20231123132413/https://jdih.kominfo.go.id/produk_hukum/view/id/759/t/peraturan+menteri+komunikasi+dan+informatika+nomor+5+tahun+2020
- https://web.archive.org/web/20201029115911/https://www.bakermckenzie.com/en/insight/publications/2019/10/new-regulation-electronic-system-and-transactions
- https://web.archive.org/web/20231210174901/https://peraturan.bpk.go.id/Details/122030/pp-no-71-tahun-2019
- https://web.archive.org/web/20230103224650/https://www.lexology.com/library/detail.aspx?g=cd6e5251-6dd7-4b46-b6be-759c78c9bf7b
- https://web.archive.org/web/20231129193145/https://www.globalcompliancenews.com/2022/07/05/indonesia-deadline-for-registration-of-electronic-system-operators-is-now-set-for-20-july-2022-01072022/
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INDONESIA
Since March 2014, last amended in November 2020
Since August 2007, last amended in December 2022
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
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
Sources
- https://sim.oecd.org/Simulator.ashx?lang=En&ds=DGSTRI&d1c=apf&d2c=idn
- https://web.archive.org/web/20240822111156/https://peraturan.bpk.go.id/Download/27842/UU%20Nomor%2007%20Tahun%202014.pdf
- https://web.archive.org/web/20241117121348/http://faolex.fao.org/docs/pdf/ins49202.pdf
- https://web.archive.org/web/20240330201015/https://peraturan.bpk.go.id/Download/29563/UU%20Nomor%2040%20Tahun%202007.pdf
- https://web.archive.org/web/20230102004217/http://www.flevin.com/id/lgso/translations/Laws/Law%20No.%2040%20of%202007%20on%20Limited%20Liability%20Companies%20(BKPM).pdf
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INDONESIA
Since 2021, last amended in 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Ministry of Trade Regulation (MOT) No. 20/2021
It is reported that according to the Ministry of Trade Regulation (MOT) 20/2021, which was amended by MOT Regulation 25/2022, pre-shipment verification by designated companies (known in Indonesia as “surveyors”) is required for a broad range of products, including electronics. It is reported that the verifications are conducted at the importer’s expense and impede the entry of imports to designated ports and airports. Despite reports about this regulation, the regulatory text could not be located online.
Coverage Several products, including electronics such as e.g. mobile phones
INDONESIA
Reported in 2022, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency on import licensing
Companies have reported that, in some cases, the Ministry of Information is informally limiting import quantities under existing licenses (issued under the Ministry of Information's Regulation 108/2012) to protect locally manufactured cell phones, handheld computers, and tablets.
Coverage Several products, including electronics such as e.g. mobile phones
INDONESIA
Since December 2016
Since September 2022, entry into force in October 2022
Since September 2022, entry into force in October 2022
Pillar Domestic data policies |
Indicator Minimum period for data retention
Regulation of the Minister of Communication and Information Technology No. 20 of 2016 on Protection of Personal Data in Electronic Systems (Peraturan Menteri Komunikasi dan Informatika Nomor 20 Tahun 2016 Tentang Perlindungan Data Pribadi Dalam Sistem Elektronik)
Law No. 27 of 2022 on Personal Data Protection (Undang-undang Nomor 27 Tahun 2022 tentang Pelindungan Data Pribadi)
Law No. 27 of 2022 on Personal Data Protection (Undang-undang Nomor 27 Tahun 2022 tentang Pelindungan Data Pribadi)
The Minister of Communication and Informatics Regulation No. 20 of 2016 mandates the minimum retention for stored personal data at five years (unless stated otherwise in other laws and regulations). An exemption to this provision is stipulated under Art. 16 of Law No. 27, where personal data must be destroyed and/or deleted after the expiry of the retention period or at the request of the data subject.
Coverage Electronic systems operators
Sources
- https://web.archive.org/web/20231001131647/https://jdih.kominfo.go.id/produk_hukum/view/id/553/t/peraturan+menteri+komunikasi+dan+informatika+nomor+20+tahun+2016+tanggal+1+desember+2016
- https://web.archive.org/web/20231013182200/https://www.dataguidance.com/sites/default/files/data_privacy_english_-_permenkominfo_no_20_of_2016.pdf
- https://www.dataguidance.com/notes/indonesia-data-protection-overview
- https://web.archive.org/web/20221006175029/https://www.globalcompliancenews.com/2017/01/25/argentina-regulation-personal-data-protection-20170125/
- https://web.archive.org/web/20230725103417/https://peraturan.bpk.go.id/Download/224884/UU%20Nomor%2027%20Tahun%202022.pdf
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INDONESIA
Since November 2019
Pillar Domestic data policies |
Indicator Minimum period for data retention
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)
Government Regulation No. 80/2019 states that domestic or foreign e-commerce platforms that operate in Indonesia should store data for at least 10 years for financial transactions and 5 years for non-financial transactions since the data were collected.
Coverage E-commerce platforms
INDONESIA
Since September 2022, entry into force in October 2022
Since December 2016
Since December 2016
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law No. 27 of 2022 on Personal Data Protection (Undang-undang Nomor 27 Tahun 2022 tentang Pelindungan Data Pribadi)
Regulation of the Minister of Communication and Information Technology No. 20 of 2016 on Protection of Personal Data in Electronic Systems (Peraturan Menteri Komunikasi dan Informatika Nomor 20 Tahun 2016 Tentang Perlindungan Data Pribadi Dalam Sistem Elektronik)
Regulation of the Minister of Communication and Information Technology No. 20 of 2016 on Protection of Personal Data in Electronic Systems (Peraturan Menteri Komunikasi dan Informatika Nomor 20 Tahun 2016 Tentang Perlindungan Data Pribadi Dalam Sistem Elektronik)
Art. 53 of Law No. 27 introduces the requirement for controllers and processors to appoint a data protection officer (DPO) in certain circumstances, namely where:
- the data processing is carried out for the benefit of public services;
- the nature, scope, and/or purposes of the main activity of the controller require organised and systematic supervision on a large scale; and
- the main activity of the controller consists of large-scale processing that is specific in nature and/or related to criminal conduct.
Additionally, while Regulation No. 20 do not stipulate the requirement of a DPO, Art. 28(i) requires electronic system operators to provide a point of contact who can be easily contacted by the data subject relating to the management of their personal data.
- the data processing is carried out for the benefit of public services;
- the nature, scope, and/or purposes of the main activity of the controller require organised and systematic supervision on a large scale; and
- the main activity of the controller consists of large-scale processing that is specific in nature and/or related to criminal conduct.
Additionally, while Regulation No. 20 do not stipulate the requirement of a DPO, Art. 28(i) requires electronic system operators to provide a point of contact who can be easily contacted by the data subject relating to the management of their personal data.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230330024345/https://peraturan.bpk.go.id/Home/Details/229798/uu-no-27-tahun-2022
- https://web.archive.org/web/20231001131647/https://jdih.kominfo.go.id/produk_hukum/view/id/553/t/peraturan+menteri+komunikasi+dan+informatika+nomor+20+tahun+2016+tanggal+1+desember+2016
- https://web.archive.org/web/20240330180940/https://www.dataguidance.com/sites/default/files/data_privacy_english_-_permenkominfo_no_20_of_2016.pdf
- https://www.dataguidance.com/notes/indonesia-data-protection-overview
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INDONESIA
Since September 2022, entry into force in October 2022
Since October 2019
Since October 2019
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law No. 27 of 2022 on Personal Data Protection (Undang-undang Nomor 27 Tahun 2022 tentang Pelindungan Data Pribadi)
Government Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions (Peraturan Pemerintah Republik Indonesia Nomor 71 Tahun 2019 Tentang Penyelenggaraan Sistem Dan Transaksi Elektronik)
Government Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions (Peraturan Pemerintah Republik Indonesia Nomor 71 Tahun 2019 Tentang Penyelenggaraan Sistem Dan Transaksi Elektronik)
According to Art. 34 of Law No. 27, the data controller is obliged to conduct a Data Protection Impact Assessment if the personal data processing has a high potential risk to the personal data subjects. Personal data processing with high potential risk includes:
- automatic decision-making that has legal consequences or a significant impact on the data subject;
- processing of specific personal data;
- processing of large-scale personal data;
- processing of personal data for systematic evaluation, scoring, or monitoring of data subjects;
- processing of personal data for the activity of matching or combining a group of data;
- the use of new technologies in the processing of personal data; and/or
- the processing of personal data that limits the exercise of the rights of the data subject.
On the other hand, under Art. 12 of Government Regulation No. 71, electronic system providers must apply risk management towards damages or losses that they incur. Such provision provides the meaning of 'risk management', which is conducting risk analysis and formulating mitigation measures and countermeasures to overcome threats, disturbances, and obstacles to the electronic system it manages.
- automatic decision-making that has legal consequences or a significant impact on the data subject;
- processing of specific personal data;
- processing of large-scale personal data;
- processing of personal data for systematic evaluation, scoring, or monitoring of data subjects;
- processing of personal data for the activity of matching or combining a group of data;
- the use of new technologies in the processing of personal data; and/or
- the processing of personal data that limits the exercise of the rights of the data subject.
On the other hand, under Art. 12 of Government Regulation No. 71, electronic system providers must apply risk management towards damages or losses that they incur. Such provision provides the meaning of 'risk management', which is conducting risk analysis and formulating mitigation measures and countermeasures to overcome threats, disturbances, and obstacles to the electronic system it manages.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230330024345/https://peraturan.bpk.go.id/Home/Details/229798/uu-no-27-tahun-2022
- https://web.archive.org/web/20240612183154/https://jdih.kominfo.go.id/produk_hukum/unduhTerjemahan/id/695/t/peraturan+pemerintah+nomor+71+tahun+2019
- https://web.archive.org/web/20230331064046/https://jdih.kominfo.go.id/produk_hukum/view/id/695/t/peraturan+pemerintah+nomor+71+tahun+2019+tanggal+10+oktober+2019
- https://www.dataguidance.com/notes/indonesia-data-protection-overview
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INDONESIA
Since December 2016
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Regulation of the Minister of Communication and Information Technology No. 20 of 2016 on Protection of Personal Data in Electronic Systems (Peraturan Menteri Komunikasi dan Informatika Nomor 20 Tahun 2016 Tentang Perlindungan Data Pribadi Dalam Sistem Elektronik)
Art. 23 of Regulation No. 20 of 2016 on Personal Data Protection in Electronic Systems provides that, for the purpose of the law enforcement process, electronic system providers are obliged to provide personal data that is contained in electronic systems or personal data generated by electronic systems, upon a legitimate request made by law enforcement officers in accordance with the provisions of laws and regulations.
Coverage Electronic system providers
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 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
Sources
- https://web.archive.org/web/20231124083636/https://www.ojk.go.id/id/regulasi/Documents/Pages/Penerapan-Manajemen-Risiko-dalam-Penggunaan-Teknologi-Informasi-oleh-Lembaga-Jasa-Keuangan-Nonbank/pojk%204...
- https://web.archive.org/web/20230725132220/https://www.dataguidance.com/opinion/indonesia-cybersecurity
