Indonesia's Constitutional Court ("MK") has decided to partially grant the Petitioners' petition and has therefore declared that Article 10 of Law 28/2014 is contrary to Indonesia's 1945 Constitution and therefore does not have any legally binding force as long as it is not interpreted to mean, "Managers of trading places and/or UGC-based, digital service platforms are prohibited from allowing the sale, display and/or duplication of goods resulting from copyright infringement and/or related rights within said trading places and/or through digital services that they manage."
When it comes into force, the Draft Regulation will apply to organizers of telecommunications networks and organizers of telecommunications services that fail to submit annual reports and mandatory development fulfillment reports on time to the Director-General for the Organization of Post and Informatics Operations. Such failures will result in the imposition of certain administrative sanctions
The Regulation will apply to all parties (i.e. Indonesian/foreign citizens) that create, assemble or import telecommunications devices (including other types of equipment/devices that have telecommunications features) to be traded in Indonesia
This new regulation establishes a framework for cooperation and dispute resolution between digital platforms and press companies that emphasizes fair profit-sharing arrangements.
With an ultimate goal of supporting various governmental services that fall under the jurisdiction of various governmental agencies, Priority SPBE includes the integrated services of the following sectors: 1) Education; 2) Healthcare; 3) Social assistance; 3) Civil administration; 4) State financial transactions; and 5) Public SPBE infrastructure.
While previously only business actors that engage in programming activities that fall into the Standard Classification of Indonesian Business Fields (Klasifikasi Baku Lapangan Usaha Indonesia/KBLI) 62015 category are set to be subject to the Artificial Intelligence ("AI") guidelines ("Guidelines") enforcement, Circular 9/2023 has now included the following parties as Guidelines subjects: 1) Electronic systems providers (Penyelenggara Sistem Elektronik "PSE") operating within the private sector; and 2) PSE operating within the public sector.
The Draft Circular will ultimately be utilized as a reference by business actors that engage in Artificial Intelligence ("AI") based programming activities, while this forthcoming legal framework states that AI technology should be utilized in line with six types of ethical values, specifically: 1) Inclusivity; 2) Humanity; 3) Security; 4) Democracy; 5) Transparency; 5) Credibility; and 6) Accountability.
Several adjustments have now been made to elements of the prohibited acts that currently feature under the framework of Law 11/2008. These include various adjustments that affect the following prohibitions: 1) The unlawful distribution of indecent content now encompasses various elements that relate to broadcasting and the broadcasting of said content; 2) It has now been clarified that only content that results in material losses is now included under the definition the unlawful distribution of false and misleading news; and 3) The scope of the unlawful distribution of information intended to cause hatred or hostility has now been expanded.
Organizers of PMSE (PPMSE) in the form of social commerce are prohibited from: 1) facilitating any payment transactions through their electronic systems; and 2) acting as manufacturers, in accordance with relevant legal frameworks on the distribution of goods
Personal data controllers/processors are required to comply with various obligations under the Draft Regulation, while Agencies may impose certain administrative sanctions in response to any acts of non-compliance.