Indonesia mandates that private sector electronic system providers must register

25 February 2021

A very significant regulation, the Minister of Communications and Informatics (“MoCI”) Regulation No. 5 of 2020 on Electronic Service Providers in the Private Sector (“Regulation 5/2020”), came into force on 24 November 2020, although it was not made public until later last year. Regulation 5/2020 revokes MoCI Regulation No. 36 of 2014 on the Registration Procedure for Electronic System Providers, as its preceding regulation, and MoCI Regulation No. 19 of 2014 on the Handling of Internet Websites Containing Negative Content.

Government Regulation No. 71 of 2019 on Implementation of Electronic Systems and Transactions, which is still effective, already addresses several aspects of the electronic system providers (“ESP”) regime. However, Regulation 5/2020 provides more comprehensive provisions, specifically for private sector Electronic Service Providers (“Private ESPs”). This article focuses on certain requirements impacting Private ESPs, including their registration, content moderation, content takedowns, electronic system access and penalties.

This is an extract of an article by Soemadipradja & Taher, an Indonesian law firm with which Allen & Gledhill has a strategic alliance. To read the full article,
please click here.