Database

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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

INDONESIA

Since September 2022, entry into force in October 2022

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Law No. 27 of 2022 on Personal Data Protection (Undang-undang Nomor 27 Tahun 2022 tentang Pelindungan Data Pribadi)
Art. 56 of Law No. 27 on Personal Data Protection allows the cross-border transfer of personal data from a controller to a controller and/or processor outside the jurisdiction of Indonesia if the recipient country has an adequate level of protection. If the country is not adequate, the controller must ensure an adequate and binding personal data protection. Alternatively, the controller must obtain the consent of the data subject.
Coverage Horizontal

INDONESIA

Since December 2016
Since October 2019

Pillar Cross-border data policies  |  Indicator Conditional flow regime
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)

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)
The Ministry of Communication and Informatics (MOCI) Regulation No. 20 of 2016 stipulates that consent from the data subject is necessary for the transfer of data; such consent must also be in Bahasa Indonesia (or in bilingual format) and collected online or by paper hard copies. The Regulation also mandates that personal data that is electronically stored should be encrypted.
Under Government Regulation No. 71/2019, consent must be obtained from data subjects for cross-border transfers of personal data. Such consent must be “lawful consent”, i.e. consent that is delivered explicitly, cannot be concealed, and is not based on error, negligence or coercion.
Coverage Horizontal

INDONESIA

Since August 2014

Pillar Cross-border data policies  |  Indicator Conditional flow regime
OJK Circular Letter No. 14/SEOJK.07/2014
Art. 2 of the Financial Service Authority (OJK) Circular Letter No. 14/SEOJK.07/2014 stipulates that financial service institutions should not disclose the data of their customers to a third party unless they get consent from the data owner. The consent should be expressed in writing.
Coverage Financial sector

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 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 February 2012

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Ministry of Manpower and Transmigration Regulation No. 40/2012
The Ministry of Manpower and Transmigration Regulation No. 40/2012 specified 19 positions that are reserved for Indonesian nationality only, ranging from Chief Executive Officer to various directors, managers, and supervisors positions within a company.
Coverage Horizontal

INDONESIA

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

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Commercial presence requirement for digital services providers
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

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