Ada Pertanyaan? Hubungi Kami 
Ada Pertanyaan? Hubungi Kami Rimba Supriyatna, Andin Aditya Rahman
The first implementing regulation to derive from Law No. 11 of 2008 on Electronic Information and Transactions (“Law”) has been issued in the form of Government Regulation No. 82 of 2012 on Organizing Electronic Systems and Transactions (“Regulation”).
During a Hukumonline discussion (20/12), Djoko Agung Harijadi, an official at the Ministry of Communications and Informatics, affirmed that the Regulation protects public interests relating to the use of electronic systems.
“It will not only protect electronic system operators, but also protect consumers and national interests,” he stated in the discussion.
Not Related to Research in Motion
Under Article 17 of the Regulation, every electronic system operator relating to public services—including cellphone companies—must install a data center somewhere within Indonesian territory.
According to the Official Annotation, a data center is a facility used for the installation of electronic systems and other components for data placement, storage, and management.
Addressing a widely-held view that this move specifically targets Research in Motion, the maker of Blackberry (see, ILB No. 2033), the official specifically emphasized that the requirement to install a data center in Indonesia is unrelated.
Research in Motion manufactures the popular phone and maintains a highly securitized, famously private data storage facility in Canada. “That is different,” he affirmed.
Possibility of Data Abuse
Anggara Suwahju, a board member of the International Criminal Justice Reform, expressed some concern about the privacy and security of a data center within Indonesia.
“Potentially, [private data] can be used for other purposes,” Anggara told Hukumonline in an interview (18/12).
He explained that Indonesia is yet to regulate protection for personal data, or produce a comprehensive law on wiretapping and interceptions.
For that reason, Anggara was concerned that a datacenter within Indonesia might be subject to the state’s infringement of privacy, and in fact create risks to public interests.
“The government should have regulated this first before discussing data centers in Indonesia,” he concluded.
Applicable Sanctions
In the same Hukumonline discussion, Heru Sutadi, the Executive Director of Indonesia’s Information and Communications Technology Institute, expressed concerns that the sanctions may not be firm enough.
The government may also be reluctant to apply sanctions towards operators that are reluctant to perform the data center obligation. “The sanctions must be firm,” he said.
According to Article 84 of the Regulation, the sanctions that may be imposed are administrative: written warnings, fines, temporary termination of system operations, and removal from the official registrar of system operators.
Edmond Makarim, an information technology law specialist at the University of Indonesia who was also present at the discussion, countered that, in his opinion, “…the sanctions are sufficient.”
(eli)
Rimba Supriyatna, Andin Aditya Rahman
The first implementing regulation to derive from Law No. 11 of 2008 on Electronic Information and Transactions (“Law”) has been issued in the form of Government Regulation No. 82 of 2012 on Organizing Electronic Systems and Transactions (“Regulation”).
During a Hukumonline discussion (20/12), Djoko Agung Harijadi, an official at the Ministry of Communications and Informatics, affirmed that the Regulation protects public interests relating to the use of electronic systems.
“It will not only protect electronic system operators, but also protect consumers and national interests,” he stated in the discussion.
Not Related to Research in Motion
Under Article 17 of the Regulation, every electronic system operator relating to public services—including cellphone companies—must install a data center somewhere within Indonesian territory.
According to the Official Annotation, a data center is a facility used for the installation of electronic systems and other components for data placement, storage, and management.
Addressing a widely-held view that this move specifically targets Research in Motion, the maker of Blackberry (see, ILB No. 2033), the official specifically emphasized that the requirement to install a data center in Indonesia is unrelated.
Research in Motion manufactures the popular phone and maintains a highly securitized, famously private data storage facility in Canada. “That is different,” he affirmed.
Possibility of Data Abuse
Anggara Suwahju, a board member of the International Criminal Justice Reform, expressed some concern about the privacy and security of a data center within Indonesia.
“Potentially, [private data] can be used for other purposes,” Anggara told Hukumonline in an interview (18/12).
He explained that Indonesia is yet to regulate protection for personal data, or produce a comprehensive law on wiretapping and interceptions.
For that reason, Anggara was concerned that a datacenter within Indonesia might be subject to the state’s infringement of privacy, and in fact create risks to public interests.
“The government should have regulated this first before discussing data centers in Indonesia,” he concluded.
Applicable Sanctions
In the same Hukumonline discussion, Heru Sutadi, the Executive Director of Indonesia’s Information and Communications Technology Institute, expressed concerns that the sanctions may not be firm enough.
The government may also be reluctant to apply sanctions towards operators that are reluctant to perform the data center obligation. “The sanctions must be firm,” he said.
According to Article 84 of the Regulation, the sanctions that may be imposed are administrative: written warnings, fines, temporary termination of system operations, and removal from the official registrar of system operators.
Edmond Makarim, an information technology law specialist at the University of Indonesia who was also present at the discussion, countered that, in his opinion, “…the sanctions are sufficient.”
(eli)