Regulatory Alert : Amendments To Indonesia's IET Law: Clarifying Prohibited Acts And Enhancing Legal Framework

• Published date: 26 March 2024
• Subject Matter: Government, Public Sector, Media, Telecoms, IT, Entertainment, Criminal Law, IT and Internet, Constitutional & Administrative Law, Crime
• Law Firm: Anggraeni and Partners
• Author: Ms Setyawati Fitrianggraeni, Sri Purnama and Jericho Xavier

Setyawati Fitrianggraeni, Sri Purnama, Jericho Xavier¹

BACKGROUND

On November 22, 2023, Indonesia's House of Representatives approved the Draft Bill for the Second Amendment to Law No. 11 of 2008 on Electronic Information and Transactions (Law 11/2008), previously amended by Law No. 19 of 2016.² This Bill offers a comprehensive framework to resolve ambiguities and controversial areas in the existing law, aligning with the national criminal law framework of Law No. 1 of 2023 on the Criminal Law Code.

KEY AMENDMENTS

The Draft Bill introduces 14 updated provisions and five additional electronic information and transactions articles. Key adjustments include:

1. PSrE (Penyelenggara Sertifikasi Elektronik): The amendment redefines the legal status of PSrE, an entity providing electronic systems, to ensure more precise operational boundaries and responsibilities. It also offers detailed definitions of the services that PSrEs are expected to provide, aiming for greater transparency and accountability in their operations.³
2. Additional Mandate for PSrE: The Bill introduces specific obligations for PSrE to safeguard the interests and safety of child users. This includes implementing age verification systems, content filtering, and other protective measures to shield children from harmful content and ensure their online safety.⁴
3. International Contracts: The amendment mandates that all international contracts involving electronic information and transactions include standard clauses that adhere to Indonesian laws. This requirement ensures that such contracts respect local legal norms and provide a legal framework for resolving disputes arising from international electronic transactions.⁵
4. Additional Law Enforcement Measures: The Bill grants broader powers to government authorities for content moderation. This includes the ability to remove or block access to digital content deemed illegal or harmful under Indonesian law, reflecting a more assertive stance on regulating online content.⁶
5. Adjusted Prohibitions: The amendment revises existing prohibitions related to electronic information and transactions aligning them with the digital landscape. It also updates the corresponding criminal sanctions, ensuring that the penalties are appropriate and effective in deterring illegal activities in the digital domain.⁷

IMPLICATION

The Bill's introduction signifies a significant shift in Indonesia's legal landscape governing electronic information and transactions. It addresses...