Kamis, Januari 4, 2024

Updated Guidelines for the Determination of PNBP Tariffs Applicable Within the Postal and Informatics Sector Introduced: Three Forms of Administrative Fines Now in Force

Following the issuance of Regulation of the Government No. 43 of 2023 ("Regulation 43/2023"), which sets the applicable Non-Tax State Revenue (Pendapatan Negara Bukan Pajak – "PNBP") at the Ministry of Communication and Informatics ("Ministry"), the Minister of Communication and Informatics ("Minister") has decided to set guidelines for the determination of PNBP tariffs applicable within the postal and informatics sector ("Tariffs") through the issuance of Regulation No. 9 of 2023 ("Regulation 9/2023"), which has been in force since 13 December 2023.
Consequent to the enforcement of Regulation 9/2023, a number of frameworks that were previously issued by the Minister and that addressed various guidelines for Tariff determinations have now been repealed and replaced. However, it should be noted that any payment notification letters that were issued based on Regulation of the Minister No. 19/PER.KOMINFO/10/2005, as amended several times, most recently through Regulation of the Minister No. 24/PER/KOMINFO/12/2010 (collectively referred to as "Regulation 19/2005"), prior to 22 November 2023 will remain valid.
Broadly speaking, Regulation 9/2023 features a total of five forms of PNBP that are applicable within the postal and informatics sector, which break down as follows: 1) Utilization of the radiofrequency spectrum; 2) Issuance of certificates for telecommunications equipment and/or devices; 3) Testing of telecommunications equipment and/or devices; 4) Calibration of measuring instruments; and 5) Administrative fines.
As administrative fines were newly featured as PNBP under Regulation 43/2023, Regulation 9/2023 has now clarified that said fines should be imposed in relation to violations of the following forms of mandates: 1) Frequency band license (Izin Pita Frekuensi Radio/IPFR) based radiofrequency spectrum utilization mandates; 2) Radio station license (Izin Stasiun Radio/ISR) based radiofrequency spectrum utilization mandates; and 3) Mandatory certification for telecommunications equipment and/or devices.

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*Syarat dan ketentuan berlaku

Following the issuance of Regulation of the Government No. 43 of 2023 ("Regulation 43/2023"), which sets the applicable Non-Tax State Revenue (Pendapatan Negara Bukan Pajak – "PNBP") at the Ministry of Communication and Informatics ("Ministry"), the Minister of Communication and Informatics ("Minister") has decided to set guidelines for the determination of PNBP tariffs applicable within the postal and informatics sector ("Tariffs") through the issuance of Regulation No. 9 of 2023 ("Regulation 9/2023"), which has been in force since 13 December 2023.
Consequent to the enforcement of Regulation 9/2023, a number of frameworks that were previously issued by the Minister and that addressed various guidelines for Tariff determinations have now been repealed and replaced. However, it should be noted that any payment notification letters that were issued based on Regulation of the Minister No. 19/PER.KOMINFO/10/2005, as amended several times, most recently through Regulation of the Minister No. 24/PER/KOMINFO/12/2010 (collectively referred to as "Regulation 19/2005"), prior to 22 November 2023 will remain valid.
Broadly speaking, Regulation 9/2023 features a total of five forms of PNBP that are applicable within the postal and informatics sector, which break down as follows: 1) Utilization of the radiofrequency spectrum; 2) Issuance of certificates for telecommunications equipment and/or devices; 3) Testing of telecommunications equipment and/or devices; 4) Calibration of measuring instruments; and 5) Administrative fines.
As administrative fines were newly featured as PNBP under Regulation 43/2023, Regulation 9/2023 has now clarified that said fines should be imposed in relation to violations of the following forms of mandates: 1) Frequency band license (Izin Pita Frekuensi Radio/IPFR) based radiofrequency spectrum utilization mandates; 2) Radio station license (Izin Stasiun Radio/ISR) based radiofrequency spectrum utilization mandates; and 3) Mandatory certification for telecommunications equipment and/or devices.

......