Governor of Jakarta Regulation on Sweepstakes Promotions

Governor of the Special Capital Territory of Jakarta Regulation No. 150 of 2010 on the Operation of Free Sweepstakes Promotions (“Regulation”) has been issued in an attempt to improve the services being offered to the public and the administration of the sweepstakes themselves. The Regulation essentially creates a requirement for permission to be obtained in order to conduct a sweepstakes promotion in the Special Capital Territory of Jakarta.

The Regulation aims to oversee free sweepstakes that have the purchase of goods or services as the main requirement for participation, and which are intended as either a direct or an indirect promotional activity.

The Regulation is supplementary to Ministry of Social Affairs Regulation No. 13/HUK/2005 on Lottery Licenses, which, under Article 2 (1), requires permission to be obtained from the Ministry of Social Affairs prior to the commencement of a sweepstakes promotion.

Article 2 of the Regulation requires a recommendation, which essentially acts as a prior requirement, to be obtained from the Head of the Social Services Department of the Special Capital Territory of Jakarta. And sets out such form and content requirements of the application as the basic identifying information and the technical details of the sweepstakes’ operation. Following the submission of a completed application the review process takes up to 7 working days, with the issued recommendation being valid for a period of 2 months, as per Article 4. In the event of rejection, written reasons have to be provided, as per Article 3 (3).

The Regulation also states that further guidance on the operation of sweepstakes, such as the public announcement of the Regulation, guidance and technical consultation, will be performed by the Social Services Department in coordination with the Ministry of Social Affairs.

Monitoring of the sweepstakes is another requirement under the Regulation, and will by carried out by the Social Services Department. Finally, the Regulation requires ad-hoc as well as periodic reports to be submitted to the governor on the monitoring and the implementation of the issued recommendations. And any instances of violations to be reported to the Minister of Social Affairs.

The Regulation provides for further, more specific, regulation on the issuance of recommendations to be issued by the Head of the Social Services Department of the Special Capital Territory of Jakarta.

The Regulation has been in force since 23 August 2010.