Database

Browse Database

INDONESIA

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Indonesia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2012.
Coverage Horizontal

INDONESIA

Since June 2003, last amended in 2022
Since February 2021, last amended in May 2021
Since March 2013, last amended in February 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law of the Republic of Indonesia No. 19 of 2003 Concerning State-owned Enterprises (Undang-Undang Republik Indonesia Nomor 19 Tahun 2003 Tentang Badan Usaha Milik Negara)

Presidential Regulation No. 10 of 2021 on Business Fields Open to Investment (Peraturan Presiden Republik Indonesia Nomor 10 Tahun 2021 Tentang Bidang Usaha Penanaman Modal)

Regulation of The Government of the Republic of Indonesia No. 15 of 2013 on Implementation of Law No. 38 of 2009 on Post (Peraturan Pemerintah Republik Indonesia Nomor 15 Tahun 2013 Tentang Pelaksanaan Undang-Undang Nomor 38 Tahun 2009 Tentang Pos)
According to Presidential Regulation No. 10/2021, the telecommunications sector was liberalised, allowing full foreign ownership of telecommunication service providers and telecommunication towers. However, according to Art. 1.2 and 77 of the State-owned Enterprises Act 19/2003, there is a limit of 49% on the shares that can be acquired by foreign investors in government-controlled firms. This includes foreign participation in state-owned entreprisese (SOEs) in the telecommunication and delivery services sectors, as regulated in Government Regulation No. 15/2013, amended by Government Regulation No. 41/2021.
Coverage State-owned entreprises in the telecom and delivery services serctor
Sources

INDONESIA

Since February 2017

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Requirement to engage in joint ventures to invest or operate
Ministry of Communication and Information Technology Regulation No. 6/2017
The Ministry of Communication and Information Technology Regulation No. 6/2017 mandates that any consortium offering Internet Protocol Television (IPTV) must consist of at least two Indonesian entities (Art. 4). Additionally, Art. 6 specifies that foreign investors must adhere to the requirements of Art. 4. Every consortium providing IPTV must obtain approval from the Ministry of Communications and Informatics. The approval request must include details on all company shares held by foreign investors (Art. 25.7 h).
Coverage Internet Protocol Television (IPTV)

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 2018, last amended in February 2021

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Regulation of the President of the Republic of Indonesia No. 16 of 2018 on Government Procurement
Art. 66 of Presidential Regulation No. 16/2018 provides that the ministries, institutions and regional apparatuses are obligated to use domestic products. Procurement of imported goods may be conducted in the event that the goods cannot be produced domestically or that domestic production volume is unable to meet the demand.
Coverage Horizontal

INDONESIA

Since October 2019

Pillar Public procurement of ICT goods and online services  |  Indicator Surrender of patents, source code or trade secrets to win public tenders/Restrictions on technology standards for public tenders
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)
Art. 9 of the Government Regulation No. 71/2019 requires that providers of bespoke software must provide or escrow the source codes associated with their service. The requirement applies to Electronic System Providers for public scope. This requirement was already contained in Art. 8 of Government Regulation No. 82/2012, which was repealed by Government Regulation No. 71/2019.
Coverage Electronic systems operators for public scope
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'ID')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"109471"},{"post_id":"109472"},{"post_id":"109473"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'ID')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'ID')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.50"}]

INDONESIA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.97%
Coverage rate of zero-tariffs on ICT goods (%)
41.36%
Coverage: ICT goods

INDONESIA

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement Expansion Agreement (ITA II)
Indonesia is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods

INDONESIA

Since January 2014

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Ministry of Industry Regulation No. 02/M-IND/PER/1/2014 (Peraturan Menteri Perindustrian 02/M-IND/PER/1/2014)
Art. 10 of Regulation No. 02/M-IND/PER/1/2014 provides that domestic service suppliers need to be prioritised. To qualify as a domestic service provider, a majority of the shares must be owned by an Indonesian citizen, and two-thirds of the board members must be local. If no domestic service suppliers are participating in the procurement, national service suppliers (with at least 10% of shares belonging to Indonesians) will be taken into consideration. Only when these are also unavailable will foreign service providers be allowed to participate in the procurement process as well (Art. 16.1).
Coverage Horizontal

INDONESIA

Since March 2018, last amended in February 2021

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Regulation of the President of the Republic of Indonesia No. 16 of 2018 on Government Procurement
Under Art. 63 of Presidential Regulation No. 16/2018, an International Tender may be conducted if no capable or eligible domestic Economic Operator is available, and:
- The estimated value of goods and other services exceeds Rp 50 billion (approx. USD 4.5 million), or
- The estimated value of consulting services exceeds Rp 25 billion (approx. USD 2.25 million).
Additionally, foreign business entities selected through an International Tender must collaborate with national business entities via a consortium, subcontract, or other forms of cooperation.
Coverage Horizontal

JAPAN

Since April 1910, last amended in April 2023

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Customs Tariff Act (Act No. 54 of 1910) (関税定率法(明治四十三年法律第五十四号))
As stipulated in Art. 14.18 of the Customs Tariff Act, the imports of goods with a total customs value of JPY 10,000 (approx. USD 67) or less are exempt from customs duties. This amount is below the USD 200 threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

JAPAN

N/A

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Reported requirement for local contact in .JP domain registration
It is reported that the ".JP" domain name registration framework stipulates the necessity of a local contact address.
Coverage Horizontal

JAPAN

Since June 1976
Since May 2000
Since May 2021

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Act on Specified Commercial Transactions - Act No. 57 of 1976 (特定商取引に関する法律 - 昭和五十一年法律第五十七号)

Consumer Contract Act - Act No. 61 of 2000 (消費者契約法 - 平成十二年法律第六十一号)

Act on the Protection of Consumers Who Use Digital Platforms for Shopping - Act No. 32 of 2021 (取引デジタルプラットフォームを利用する消費者の利益の保護に関する法律 - 令和三年法律第三十二号)
The "Act on Specified Commercial Transactions", the "Consumer Contract Act", the "Act on the Protection of Consumers Who Use Digital Platforms for Shopping", together with several other statutes, establish a comprehensive framework for consumer protection that extends to online transactions.
Coverage Horizontal

JAPAN

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Japan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

JAPAN

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Japan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

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