REGISTRATION AND DATA CENTER ON ELECTRONIC SYSTEM AND ELECTRONIC TRANSACTIONS UNDER THE NEW REGULATION - GOVERNMENT REGULATION NO.71/2019

The previous regulation-Government Regulation No. 82/2012 (“Previous Regulation”) was revoked and replaced by the Government Regulation No.71/2019 (“GR 71”) as of GR 71 enactment on 10 October 2019.

 

1.  ESO Classification-Definition

Although Previous Regulation differentiated Electronic System Operator (“ESO”) between (i) ESO for public service (“Public ESO”) and (ii) ESO for private service (“Private ESO”), no definition of them was made under Previous Regulation.

GR 71 now provides their definition as follows:

Public ESO

Public ESO  is defined as operator of electronic system carried out by the State Agency  or institutions appointed by State Agency. 

- The State Agency  is defined as legislative, executive and judicative institutions at national and regional levels and other institutions/agencies established by laws and regulations.  

Private ESO

Private ESO is defined as operator of electronic system carried out by individuals, business entities, and public.

 

2. Registration

Previous Regulation required only Public ESO to register with Minister of Communication and Information (“MOCI”); registration for Private ESO was not compulsory.

GR 71 now requires both Public ESO and Private ESO to register with MOCI.

 

3. Data Center

The Previous Regulation required Public ESO to locate its data and disaster recovery center/electronic systems and data in Indonesian territory; but, no such kind of requirement was stipulated for Private ESO data center.

- GR 71 now allows Public ESO to manage, process and/or storing  its electronic system and electronic data outside Indonesia. This permission however is applicable only if the technology for such processing and storing is not available in Indonesia as determined by a Committee which still will be established as determined by MOCI.

- GR 71 also stipulates that Private ESO can manage, process and/or storing  its electronic system and electronic data inside and/or outside Indonesia’s territory.  Provided however, if such activities are located outside Indonesia, then the Private ESO must ensure the effectiveness of supervision by the Indonesian competent authority and law enforcement and the Private ESO is obliged to give an access to its Electronic System and Electronic Data for supervision and law enforcement.

 

4. Transitional Period

Registration with MOCI by both Public ESO and Private ESO must be done within 1 year as of the enactment date of GR 71 or the latest on 10 October 2020; and

Public ESO, which on the enactment date of GR 71 has been in operation, must comply with the requirement under Article 20 (2) of GR 71 namely to manage, process and place its electronic system and electronic data in Indonesia’s territory within 2 years as of the enactment of GR 71 or the latest on 10 October 2021.

 

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