Selasa, September 26, 2023

PNBP for the Communication and Informatics Sector Updated: Fees for Electronic Certification Organization and Administrative Fines Introduced

The government has decided to adjust the applicable Non-Tax State Revenue (Penerimaan Negara Bukan Pajak - "PNBP) at the Ministry of Communication and Informatics ("Ministry") that originally featured under Regulation No. 8 of 2015 on the Types and Tariffs of Non-Tax State Revenue Applicable at the Ministry of Communication and Informatics ("Regulation 8/2015") through the issuance of Regulation No. 43 of 2023, which bears same title as Regulation 8/2015 ("Regulation 43/2023"). The new PNBP are set to come into force on 19 November 2023 and upon Regulation 43/2023 entering into force, Regulation 8/2015 will ultimately be repealed and replaced.
At its core, Regulation 43/2023 features a total of 12 types of PNBP applicable at the Ministry, as comprehensively outlined under the Appendix to Regulation 43/2023. In comparison with Regulation 8/2015, however, certain types of PNBP have now been newly introduced under Regulation 43/2023, including in relation to the following areas: 1) Testing of telecommunications equipment and/or devices; 2) Organization of electronic systems and transactions; and 3) Administrative fines within the communications and informatics sector.
In terms of the PNBP outlined in point (2) above, in addition to the inclusion of Indonesian domain name rights management fees, Regulation 43/2023 has now introduced fees for the right to organize electronic certification that will apply to non-governmental agency organizers of electronic certification (Penyelenggara Sertifikasi Elektronik/PSrE) or certificate authorities ("Certification Providers"), which will be charged at a rate of 1.75% of the relevant Certification Provider’s gross income.
Meanwhile, in terms of PNBP deriving from administrative fines, Regulation 43/2023 states that said fines will be imposed in relation to seven types of violations, including: 1) Radiofrequency spectrum violations; 2) Postal, broadcasting and/or telecommunications service violations; and 3) The failure of any Private Electronic System Organizers (Penyelenggara Sistem Elektronik/PSE) that organize User Generated Content ("UGC") to complete access cutoffs (takedowns). In terms of UGC takedown violations, Regulation 43/2023 stipulates that said PNBP should be calculated in line with several specific indices, including: 1) Content (takedown urgency); 2) UGC (number of customers); 3) Scale of business; 4) Frequency of issued reprimands; 5) Compliance; and 6) Virality.

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The government has decided to adjust the applicable Non-Tax State Revenue (Penerimaan Negara Bukan Pajak - "PNBP) at the Ministry of Communication and Informatics ("Ministry") that originally featured under Regulation No. 8 of 2015 on the Types and Tariffs of Non-Tax State Revenue Applicable at the Ministry of Communication and Informatics ("Regulation 8/2015") through the issuance of Regulation No. 43 of 2023, which bears same title as Regulation 8/2015 ("Regulation 43/2023"). The new PNBP are set to come into force on 19 November 2023 and upon Regulation 43/2023 entering into force, Regulation 8/2015 will ultimately be repealed and replaced.
At its core, Regulation 43/2023 features a total of 12 types of PNBP applicable at the Ministry, as comprehensively outlined under the Appendix to Regulation 43/2023. In comparison with Regulation 8/2015, however, certain types of PNBP have now been newly introduced under Regulation 43/2023, including in relation to the following areas: 1) Testing of telecommunications equipment and/or devices; 2) Organization of electronic systems and transactions; and 3) Administrative fines within the communications and informatics sector.
In terms of the PNBP outlined in point (2) above, in addition to the inclusion of Indonesian domain name rights management fees, Regulation 43/2023 has now introduced fees for the right to organize electronic certification that will apply to non-governmental agency organizers of electronic certification (Penyelenggara Sertifikasi Elektronik/PSrE) or certificate authorities ("Certification Providers"), which will be charged at a rate of 1.75% of the relevant Certification Provider’s gross income.
Meanwhile, in terms of PNBP deriving from administrative fines, Regulation 43/2023 states that said fines will be imposed in relation to seven types of violations, including: 1) Radiofrequency spectrum violations; 2) Postal, broadcasting and/or telecommunications service violations; and 3) The failure of any Private Electronic System Organizers (Penyelenggara Sistem Elektronik/PSE) that organize User Generated Content ("UGC") to complete access cutoffs (takedowns). In terms of UGC takedown violations, Regulation 43/2023 stipulates that said PNBP should be calculated in line with several specific indices, including: 1) Content (takedown urgency); 2) UGC (number of customers); 3) Scale of business; 4) Frequency of issued reprimands; 5) Compliance; and 6) Virality.

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