Page 1

PRESIDENT
REPUTSLIK INDONESIA

GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
NUMBER 80 YEAR 2019
ABOUT
TRADE THROUGH ELECTRONIC SYSTEMS

BY THE GRACE OF GOD ALMIGHTY
PRESIDENT OF THE REPUBLIC OF INDONESIA,

Weigh

that in order to implement the provisions of Article 66 of the
Law Number 7 Year 2OL4 concerning Trade, it is necessary
stipulate a Government Regulation on Trade
Through Electronic Systems ;

1. Article 5 paragraph (2) of the Constitution of the Republic of Indonesia

Remember

Indonesia in 1945;

2. Law Number 7 Year 2Ol4 concerning

Trade (State Gazette of the Republic of Indonesia
Year 2Ol4 Number 45, Supplement to the State Gazette
Republic of Indonesia Number 5512);

DECIDING:

GOVERNMENT REGULATION ON TRADE

Set

THROUGH ELECTRONIC SYSTEMS.

PIG
GENERAL REQUIREMENTS
Article 1

In this Government Regulation what is meant by:

1. Trade is an order of activities related to

transactions of goods and/or services in the country and
beyond the borders of the country with the aim of
transfer of rights to Goods and/or Services for
receive compensation or compensation.

2. Trade. .

.

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-22. Trading Through Systems Electronics which further

abbreviated PMSE is a trade whose transactions
carried out through a series of tools and procedures
electronic.

3. Electronic System is a series of devices and

electronic procedures that serve to prepare,
collect, process, analyze, store,
display, publish, transmit, and I or
disseminate electronic information.

4. Electronic Contract is the agreement of the parties who
made through the Electronic System .

5. Electronic Communication is any communication that

used in PMSE in the form of statements, declarations,

request, notification or solicitation,

confirmation, offer or acceptance of

offer, which contains the agreement of the parties to
the formation or execution of an agreement.

6. Trading Business Actors Through Electronic Systems

hereinafter referred to as Business Actor is any
those individuals or entities attempt shaped
legal entity or non- legal entity that can
in the form of business communities in the State and the Actor Business
Affairs of State and conduct business activities in the field
PMSE.

7. Actors Enterprises In State is a citizen of the state
Indonesia or business entity that is established and

domiciled within the jurisdiction of the Unitary State
Republic of Indonesia which conducts business activities in
PMSE field .

8. The business communities are domiciled in Foreign Affairs that
hereinafter referred to as Business Actor Foreign Affairs is
citizens of the country foreign or business entity is established and
domiciled in outside the jurisdiction of the State Unitary
Republic of Indonesia which conducts business activities in
PMSE field in the territory of the Republic of Indonesia.

9. Personal is an individual who sells Goods

and/or Services temporarily and without purpose
commercial.

10. Merchant. . .

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REPUELIC OF INDONESIA

-310. Merchant is a business actor who
perform PMSE both with the facilities made and
self managed manner directly or via means belonging
PPMSE party , or other Electronic System which
provide PMSE facilities .

11. Trade Operators Through Electronic Systems
hereinafter abbreviated as PPMSE is Business Actor
provider of Communications Electronics are used
for Trade transactions .

12. Operator of Intermediary Services (intermediary services)
is the business communities in the State or Performer Business
Affairs of State that provides a means of communication
Electronics other than telecommunications operators who
only serves as an intermediary in communication
Electronic communication between sender and receiver.

13. Electronic Advertising is information for the benefit of
commercial goods and/or services through Communication
Electronics that are loaded and distributed to third parties
certain activities, both paid and
which is not paid.

14. Electronic Bidding is an act of bidding
through Electronic Communication from Business Actors to
the other party .

15. Acceptance In Electronics is action

acceptance and informed consent are conscious

on the terms and conditions are presented in
Deals In Electronics both were done in

connected to a network (online or offline )
do it separately on the outside network (off-linel.

16. Electronic Confirmation is the process and grant
opportunity for buyers or users to directly
consciously giving affirmation to agree or
does not agree to an Electronic Contract in accordance with
technical mechanism and substance of terms and conditions
in Electronic Bidding , prior to a
The Electronic Contract is declared valid.

17. Consumer is every person who uses the Goods and/or
Services available in the community, both for
interest themselves alone, the family, the other, or
other living things and not to be traded.

18. Item

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REPUBLIC OF INDONESIA

-418. Goods are every object, whether tangible or not
tangible, good move or not move, either
consumable or non- expendable, and
can be traded, worn, used, or
utilized by Consumers or Business Actors .

19. Goods Digital is any item not tangible that
in the form of electronic or digital information , including:
goods that are the result of conversion or
the transfer or the original goods
electronic form, including but not limited to
software, multimedia, and f or electronic data .

20. Service is every service and performance in the form of
work or work results achieved, which
traded by one party to the other in
community for use by consumers or
Business Actors .

21. Digital Services are Services sent via the internet
or electronic network, is automatic or only
involves little human intervention, and no
possible to confirm it without any technology tanpa
Information, including but not limited to services
software based services .

22. Minister is the minister who organizes the affairs of
administration in the field of trade.

CHAPTER II
SCOPE OF REGULATION AND PRINCIPLES OF TRADE THROUGH THE SYSTEM
ELECTRONIC
Article 2

Scope of regulation of Trading Through Electronic Systems
include:

a. parties who do PMSE;
b. PMSE requirements ;
c. implementation of PMSE;
d. obligations of business actors ;
e. proof of PMSE transactions ;
f. Electronic Advertising ;
g. Offer. . .

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PRESIDENT

REFUBLIC OF INDONESIA

-5g. Deals In Electronics, Acceptance By
Electronic, and Electronic Confirmation ;

h. Electronic Contracts;
i. protection of personal data ;
j. payment in PMSE;
k. delivery of Goods and Services in PMSE;
1. Exchange of Goods or Services and cancellation of purchases
in PMSE;

m. dispute resolution in PMSE; and
n. coaching and supervision.
Article 3

In conducting PMSE, the parties must pay attention to:
principle:

a. good faith ;
b. prudence;
c. transparency;
d. trustworthiness;
e. accountability;
f. balance; and
g. fair and healthy.
CHAPTER III
PARTIES THAT TRADE THROUGH ELECTRONIC SYSTEMS
Article 4

(1) PMSE can be carried out by Business Actors, Consumers,
Individuals, and state administrative agencies in accordance with
provisions of laws and regulations that
hereinafter referred to as the parties.

(2) PMSE is a private legal relationship that can be
carried out between:

a. Business Actors with Business Actors;
b. Business Actors with Consumers;
c. Personal

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c. Personal with Private, according to the provisions
laws and regulations; and

d. state administrative agencies with Business Actors ,

in accordance with the provisions of the legislation

invitation

Article 5

Business Actors in PMSE include:

a. Performers Business In State which includes:
1. Traders in the country;
2. PPMSE in the country; and
3. Domestic Intermediary Facility Operators ;
b. Perpetrators of Business Affairs of the State which includes:
1. Overseas traders ;
2. PPMSE outside the country; and
3. Operators of overseas Intermediary Facilities .
Article 6

Domestic Business Actors in the form of:

a. Domestic traders in the form of individuals
or business entity .
b

Domestic PPMSE in the form of individuals,
business entity, community or organizing agency
country.

c.

Domestic Intermediary Facility Operators in the form of
the individual or business entity.

Article 7...

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PRESIDENT
REPUBLIC OF INDONESIA

-7 Article 7

(1) Business Actor Foreign Affairs who are actively doing
offer and/or conduct PMSE to
Consumers domiciled in the jurisdiction of the State

Units of the Republic of Indonesia that meet the criteria
specific regarded meet attendance is physically in
Indonesia and carry out business activities on a regular basis in
the jurisdiction of the Unitary State of the Republic of Indonesia.

(21 Certain criteria as referred to in paragraph (1)
can be:

a. number of transactions;
b. transaction value ;
c. number of delivery packages; and/or
d. amount of traffic or access.

(3) PPMSE outside the country that meets the criteria as
referred to in paragraph (2) must appoint a representative who

domiciled in the jurisdiction of the Unitary State
Republic of Indonesia which can act as and on behalf of
the name of the said Business Actor .

(4) Provisions for the appointment of representatives are carried out in accordance with
with the provisions of laws and regulations.

(5) Further provisions regarding certain criteria
as referred to in paragraph (1) is regulated by

Ministerial regulation.

Article 8

For PMSE business activities , provisions and regulations apply
tax mechanism in accordance with the provisions of the regulations
legislation.

CHAPTER IV
REQUIREMENTS IN TRADE THROUGH ELECTRONIC SYSTEMS
Article 9

(1) The parties to the PMSE must have, include,
or convey the identity of a clear legal subject .

(2) Every. . .

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INDONESIAN REFUEL

-8-

(2) Every PMSE that is cross- border is required to fulfill
the provisions of the laws and regulations that

regulate exports or imports and other laws and regulations
invitation in the field of information and electronic transactions .
Article 1O

(1) Parties conducting PMSE on Goods and/or Services
the impact of the vulnerability of security
national must get seatitg clearance from
agencies are authorized.

(2) Types of Goods and/or Services as referred to in

paragraph (1) in accordance with the provisions of the legislation

invitation.

(3) Procedures for obtaining seanritg clearance are carried out
in accordance with the provisions of the legislation
invitation.
Article 1 1

Each Actors Enterprises that do PMSE shall meet

general requirements in accordance with the provisions of the regulations
legislation.

Article 12

(1) In conducting PMSE, Business Actor is obliged to assist
Government programs include:

a. Prioritizing trade in goods and/or services
production in the country;

b. improve the competitiveness of goods and/or services
production in the country; and

c. Domestic PPMSE are required to provide facilities

promotion space for goods and/or services produced
in the country.

(21 Further provisions as referred to in paragraph
(1) regulated by a Ministerial Regulation.

Article 13. . .

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PRESIDENT
REPUELIC OF INDONESIA

-9Article 13
(1)

In each PMSE, Business Actors are required to:

a. provide information that is correct, clear, and honest

about the identity of the legal subject that is supported
with valid data or documents ;

b.

function characteristics
and its role
the transaction; and
comply with the requirements of advertising ethics in accordance with
provisions of laws and regulations.

Electronic

c.

(2) The information that is correct, clear, and honest as
it means 4 p "a" paragraph (1) letter a and letter b at least
know:

a. the truth and accuracy of the information;
b. conformity between advertising information and physical Goods;
c. feasibility of consumption of Goods or Services;
d. the legality of the Goods or Services; and
e. quality, price, and accessibility of Goods or Services.
Article 14

PPMSE in domestic and / or PPMSE outside the country compulsory
using an Electronic System that has a certificate
the feasibility of the Electronic System in accordance with the provisions of the regulations
legislation.

CHAPTER V
PEI{ORGANIZATION OF TRADE THROUGH ELECTRONIC SYSTEMS

Article 15

(1) Entrepreneurs are required to have a business license to carry out
PMSE business activities .

(21 Operators of Intermediary Facilities are excluded from
the obligation to have a business license as referred to
in paragraph (1) if:

a. not the party who gets the benefit

(beneftcially) directly from the transaction; or

b. not directly involved in the contractual relationship
the parties who do PMSE.

(3) In order to provide convenience for the perpetrators
Businesses to have a business license as referred to

in paragraph (1), the application for a business license is carried out through
Electronically Integrated Business Licensing in accordance
with the provisions of laws and regulations.

(4) Provisions

.

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REPUEUK INDONESIA

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(4) The provision more about the Licensing Sought
Integrated In Electronic referred

in paragraph (3) for PPMSE refers to norms, standards,
procedures, and criteria are governed by Regulation
Minister.
Article 16

(1) In conducting PMSE, Traders in

country

using means:

a. PMSE belongs to itself;
b. PPMSE in the country; and/or
c. PPMSE outside the country.

(2) In conducting PMSE with Consumers
domiciled in Indonesia, foreign traders

that
country

using means:

a. PMSE belongs to itself;
b. PPMSE in the country; and/or
c. PPMSE outside the country.
Article 17

(1) PPMSE domestic and / or PPMSE outside the country banned
receiving Traders in the country and traders outside

the country that does not qualify and the conditions which

regulated in the laws and regulations in
(2)

Indonesia.
PPMSE in domestic and / or PPMSE outside the country

transacting with consumers must fulfill
provisions of laws and regulations in Indonesia.
Article 18

(1) In the event that PMSE harms the Consumers, the Consumers may
report the loss suffered to the Minister.

(2) Business communities that were reported by consumers who
aggrieved must complete reporting as
referred to in paragraph (1).

(3) Business Actors who do not complete reporting
(4)
(5)

as referred to in paragraph (21 is entered into
in the list of priority supervision by the Minister.
List of supervisory priorities as referred to in
paragraph (3) can be accessed by the public.
Further provisions regarding priority list
supervision is regulated in a Ministerial Regulation.

Article 19...
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PRESIDENT
REPUELIC OF INDONESIA

- 11Article 19

The Minister may seek to expel business actors from
list of priority oversight if:

a. there is a customer satisfaction report;
b. there is evidence of the application of protection
Consumers properly ; or

c. has complied with the terms and conditions as
stipulated in the regulations of the law.

CHAPTER VI
OBLIGATIONS OF TRADING ENTERPRISES THROUGH
ELECTRONIC SYSTEM
Article 20

Traders in the country and traders outside the country who
do PMSE by using means that are owned
PPMSE in domestic and / or PPMSE outside the country compulsory

meet the PPMSE terms and conditions according to the standard
agreed service quality and regulatory provisions
legislation.
Article 2 1

(1) PPMSE in domestic and / or PPMSE outside the country shall:
a. Prioritize using a top- level domain name

Indonesian high school (dot id) for Electronic Systems that
in the form of an internet site;

b. Prioritize using Protocol addresses
Internet (IP Address) in accordance with the provisions
regulatory law ;

c. using a caller device that is placed on the

data center in accordance with regulatory provisions
legislation;

d. register the Electronic System according to
with the provisions of laws and regulations;

e. meet the provisions of the requirements of the technical that
determined by the relevant agencies and obtain

Certificate of Reliability in accordance with the provisions
regulatory law ;

f. convey data and/or information directly
periodically to government agencies that
carry out government affairs in the field of
statistics; and

g. obey...
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REPUETIC OF INDONESIA

-12-

g. comply with the provisions of laws and regulations
sectoral others are related to licensing activities
PMSE effort .

(2) In collecting and processing data
and/or information as referred to in paragraph (1)
letter f is a government agency that organizes
government affairs in the field of statistics work together

with non- government ministries/agencies

ministries, and/or relevant authorities in accordance with
provisions of laws and regulations.

(3) The government agency that carries out the affairs of
administration in the field of statistics do share life
data and/or information as referred to in paragraph
(2) with non- government ministries/agencies
ministries, relevant authorities , and/ or local governments

with reference to the provisions of the sharing mechanism
use data and/or information.

(4) The provision is further on the submission of data

and/or information as referred to in paragraph (1)
letter f, collection and processing of data and / or
information as referred to in paragraph (2), as well as
a mechanism shared use of data and / or information
as referred to in paragraph (3) is regulated by

regulations of the head of a government agency that
carry out government affairs in the field of
statistics.

Article 22

(1) If the PMSE contained information content of electronic
illegal, the party PPMSE in domestic and / or PPMSE

outside the country as well as the Operator Facility Intermediaries
responsible for the impact or consequences
law due to the presence of electronic information content
the illegal.

(21 The provisions as referred to in paragraph (1) do not
applies if the domestic PPMSE and/or PPMSE
foreign countries concerned act quickly to
remove electronic links and f or information content
illegal electronics after obtaining knowledge or
awareness.

(3) The provisions as referred to in paragraph (1)
except for Intermediary Facility Operators

that:

a. in
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REPUBLIC OF INBONESIA

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a. in the context of work as the only party
is to continue the search for information (they
conduit), namely:
1. not initiating a transmission;
2. do not make a selection of acceptance; and

3. do not modify the information
which is transmitted.

b. in the context of pedadaan as the only party

perform the storage of information for a while

time temporally for the sake of
me n ge fi s ie n s fish ko mun i k ation

(cachingl, y aitu:

1. do not make any modifications to

2.

the information ;
comply with the terms and conditions to access
the information ;

3. comply with the regulations on renewing
information according to widely recognized provisions ketentuan
and used by industry;
4. does not interfere with the use of technology that

against the law, which is widely recognized and
used by industry to obtain data
for the use of the information; and

5. act quickly to delete or
disable access to information that has been

saved after getting actual knowledge
on the fact that the information at the original source
the transmission has been deleted from the network, or
access to it has been disabled, or that
courts or authorities have
ordered deletion or deactivation.

c. in the context of work as a party who
provide rrrangan to undertake the placement,

loading, or storing information (hosting),
that is:

1. do not have knowledge of real-time on a
action or information that is against the law and

in the event of a claim or lawsuit
on damage or kerrrgian that happens,

providers are concerned do not realize or

aware of the fact that a
the action or information is against

law; or

2. after...
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PRESIDENT
REPUEL|K INDONESIA

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2. after the relevant provider knows
or be aware of the fact that a

the action or information is against

law, the Intermediary Facility Operator acts

quickly to delete or

d.

disable access to that information .
in the context of pedaaan as a provider engine ,

search, and searchers of information and network
(search enginel.

(4) Intermediary Facility Operators that provide
interactive computer services are not responsible and
can not be sued or sued for his actions
in limiting or eliminating access to a
content if:

a. the action is a voluntary action which
carried out on the basis of good faith for
restrict access or availability of material that
according to the user or provider is included in

the scope of illegal electronic information content, without

have to do a test on

b.

protection by law; or
the action is taken to restrict access
public, do not turn on, or made into
not available to be accessed either by the provider

the information content is
the other party .

based on your own analysis or

Article 23

To avoid or respond to information content
Electronic illegal, PPMSE in domestic and / or PPMSE outside
mandatory state :

a. present terms of use or license agreement
for users to make use of

in accordance with the provisions of the legislation
invitation; and

b. providing technological control facilities and/or facilities
receipt of public reports or complaints against
presence of illegal electronic information content or
misuse of space in Electronic Systems that

managed in accordance with the provisions of the regulations
legislation.
Article 24

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REPUBLIC OF INDONESIA

-15Article 24

(1) PPMSE in domestic and / or PPMSE outside the country must
maintain a safe, reliable and reliable Electronic System
take responsibility and build trustworthiness
to the system that is held by the public.

(2) PPMSE in domestic and / or PPMSE outside the country compulsory
provide security for Electronic Systems that
includes procedures and systems for prevention and
countermeasures against threats and attacks that
cause disruption, failure, and loss.

(3) Electronic System Security may include

security on the PPMSE computer system side in
domestic and / or PPMSE outside the country as well as on the side
channels of communication are used and organized
by the other party .
Article 25

(1) PPMSE in domestic and / or PPMSE outside the country compulsory
save:

a. PMSE data and information related to
transactions Financial in period most

short 10 (ten) years from the date of data and
information obtained; and

b. PMSE data and information that is not related to

transactions Financial in period most
short 5 (five) years from the date of data and
information obtained.

(21 Data and information as referred to in paragraph (1)
letter b, at least regarding:

a. customer;
b. Deals In Electronics and Acceptance By
Electronic;

c. Electronic Confirmation;
d. payment confirmation ;
e. Goods delivery status ;
f. Trade complaints and disputes;
g. Electronic Contracts; and
h. kind

..

.

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REPUBLIC OF INDONESIA

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h. types of goods and/or services traded.
Article 26
Business Actors are required to:

a. protect the rights of consumers in accordance with the provisions
laws and regulations in the field of protection
Consumer; and

b. comply with the provisions of the laws and regulations in
business competition field .

Article 27

(1) Business Actors are required to provide complaint services
for Consumers.

(21 Complaint services as referred to in paragraph (1)
at least include:

a. the address and contact number of the complaint;
b. Consumer complaints procedures;
c. complaint follow-up mechanism ;
d. officers who are competent in processing services
complaint; and

e. complaint resolution period .
CHAPTER VII
PROOF OF TRADE TRANSACTIONS THROUGH THE ELECTRONIC SYSTEM
Article 28

(1) PPMSE in domestic and / or PPMSE outside the country must
provide and keep proof of transactions PMSE that
legitimate.

(21 Proof of PMSE transaction as referred to in paragraph
(1) become valid evidence and bind the parties

in accordance with the provisions of the legislation
invitation.
(3) Evidence...

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PRESIDENT

REPUBLIC OF INEONESIA

-t7(3) Proof of PMSE transaction is declared valid if:
using the Electronic System in accordance with the provisions

which is set in the regulations of legislation

the field of information and electronic transactions.

(4) The provisions as referred to in paragraph (21 do not
applies to:

a. evidence of transactions PMSE that according to the Act
must be made in written form ; and

b. evidence of transactions PMSE that according to the Act
must be made in the form of a deed notaril or deed
made by the official making the deed.
Article 29

(1) Proof of transaction PMSE can be used as a means of evidence
otherwise in procedural law and can not be denied
filing as a means of evidence in the trial
only because it is in electronic form .

(2) Proof of transaction PMSE can be used as evidence posts that
authentic if using an electronic signature that
supported by a trusted electronic certificate

in accordance with the provisions of the legislation
invitation.

Article 3O

(1) In terms of regulatory law at the bottom
The law requires that a

the agreement must be made in a form that is written in
on paper media, then these requirements are considered
has been fulfilled by the existence of proof of PMSE transactions ,

as long as the proof of the PMSE transaction can be
stored, accessed and displayed again for
use the next so that the substance is
valid to explain a legal situation or event
certain.
(2) In...

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REPUBL|K INDONESIA

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(2) In the case of legislation in below
The law requires that a

The agreement must be kept in the original form
or original with based on an article in the above media
paper, then these conditions are considered to have been fulfilled
by the existence of proof of PMSE transaction , if:

a. there is a certain method or technique that can
explained that the proof of the PMSE transaction
guaranteed its integrity or integrity, since times

first the information is made up to
final form , or vice versa, so that
stored with the found or displayed
return can be guaranteed not to change as
should; or

b. there is a request for the availability of evidence

transaction PMSE are to be displayed again,
then the proof of the transaction PMSE it should be

presented back to the the corresponding
technical agreement that has been approved by the
party.

(3) In the event that there are laws and regulations in
under the Act requires that a
the agreement must be signed by

ink wet in writing on paper, then the terms
is deemed to have been fulfilled by the existence of evidence
PMSE transaction , if:

a. There is a method that can be used to
identify the identity of legal subjects and
indicates the intention of an agreement

of the parties to the transactions they do
through the Electronic Communication system ; and

b. methods are used , as referred to in
letter a must at least :

1. can be trusted reliability in accordance with

appropriateness in the context of its intended use,

including agreements that are relevant to the case
such; and

2. proven to be factually well with the presence of
the method itself as well as with
suitability / relevance of evidence which linked
other.

Article 31...
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REPUBLIC OF INDONESIA

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Article 31

Proof of the transaction PMSE can be used to facilitate
electronic transactions that are cross- border as long as
using the systems and authorities of the relevant agencies that
competent in accordance with the provisions of the legislation
invitation.

CHAPTER VIII
ELECTRONIC ADVERTISEMENT
Article 32

(1) Business Actors may make and/or perform
delivery of Electronic Ads for the benefit of
marketing or promotion.

(2) Electronic Advertising may take the form of:
a. writing;
b. sound;
c. picture; or
d. videos
created and disseminated to the public through
various kinds of electronic media facilities and/or
Electronic Communications channel.

Article 33

(1) Advertising Electronics can be delivered as directly by
Traders in the country and

/ or traders outside the country

or through domestic PPMSE facilities and f or
PPMSE outside the country as the third that
organize Electronic Communications.

(2) Dalarn things Electronic Ads delivered through the medium
PPMSE domestic and / or PPMSE outside the country, PPMSE

in domestic and / or PPMSE outside the country compulsory
comply with the provisions of the laws and regulations in
broadcasting, protection of privacy and data
privacy, consumer protection , and does not conflict
with the principle of fair business competition .

Article 34...
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REPUBLIC OF INDONESIA

-20Article 34

(1) Substances or materials of Electronic Advertising are prohibited

(2)

contrary to the rights of Consumers andf or principles
fair business competition in accordance with the provisions
laws and regulations.
Business Actors who violate the provisions as
referred to in paragraph (1) must stop advertising menghentikan
the said goods and/or services.

(3) Business actors who do not stop advertising
The goods and/or services as referred to in paragraph
(2), its offering and promotion activities were stopped by
agencies are authorized.
Article 35

Every party that makes, provides facilities, and/or

disseminating Electronic Advertising

must ensure that

substance or material Advertising Electronics are delivered not
contrary to the provisions of the legislation
invitation and is responsible for the substance or

Electronic Advertising materials .
Article 36

Further provisions regarding Electronic Advertising are regulated in
Ministerial regulation.
CHAPTER IX
ELECTRONIC OFFER, ELECTRONIC ACCEPTANCE,
AND ELECTRONIC CONFIRMATION
Article 37

Business communities in doing Deals In Electronics
to the other must be done by faith either.

Article 38
(1)

Deals In Electronics in PMSE
performed in public or restricted.

could

(2) Offer. . .

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(2) Offer In Electronic referred

in paragraph (1) is carried out in accordance with the provisions
laws and regulations.
Article 39

(1) Electronic Bidding must contain information
most bit:

a. specification of goods and/or services;
b. the price of goods and / or services that are offered;
c. terms of the agreement;

d. payment mechanisms and systems as well as grace
payment time ;

e. mechanism and system of delivery of goods and/or
Services;

f. risks and conditions are not expected; and
g. limitation of liability if

occur

risks are not expected.

(21 Electronic Offerings are valid and have power
binding law if there is a statement of intent
or the will of the clear and specific in deals
as well as the terms and conditions by means of an offer that
honest, fair and balanced (fair), and time limits
certain.

(3) Parties that do offer In Electronics
must explain the technical mechanism and substance
the terms and conditions of approval are
electronic.

(41 business agent still be responsible to
Deals In Electronics are loaded in the system

Electronic even though it doesn't meet the requirements
as referred to in paragraph (2).
Article 40

Deals in Electronics otherwise have received
if the recipient has been doing Acceptance By
Electronics to the terms and conditions of the delivered
in Electronic Bidding .

Article 4L...
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-22Article 4 1

An Electronic Offer can not be withdrawn
back if against deals have been done
Electronic acceptance by other parties , except
cancellation of the Electronic Offer also
agreed upon by the party receiving the offer.
Article 42

In case the Electronic Receipt is unknown, no

received, or does not reach the third party's Electronic System
are on offer as a result of errors the system is
electronics were not able suspected before, then
Acceptance By Electronic deemed not happened, except
it has been agreed by the other by the parties.

Article 43

Electronic Offering of Goods and/or Services in
PMSE can be done through:

a. registered letter ;
b. e-mail;
c. online sites ;
d. electronic media ; or
e. other Electronic Communication channels .
Article 44

(1) The agreement is deemed to have taken place legally and

binding if the Electronic Receipt has been
in accordance with the technical mechanism and substance of the requirements
and conditions in the Electronic Bidding .

(2) In the event of a discrepancy between the Acceptance
In Electronics to offer in Electronics,
the parties are deemed to have not reached an agreement.

Article 45...

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REPUBLIC OF INDONESIA

-23Article 45

(1) In giving an answer on Offer In
Electronic, the offeree must be responsive and
follow the admission procedure as stipulated
in the terms and conditions in the Online Offer
Electronic.

(21 In the event that the offeree is unresponsive and does not
follow the acceptance procedure as intended
in paragraph (1), the Electronic Contract can be considered
not ever happen.

(3) In the event of negligence of the Consumer responsiveness, then
all forms of loss due to non-occurrence of the Contract
Electronics is the responsibility of the Consumer
fully.

(4) Business Actors who make Online Offers

Electronics must be responsive to the Acceptance By
Electronic, and must fulfill Electronic Contract
as the terms and conditions in the Online Offer

Electronic.
Article 46

(1) Electronic Receipt from Consumers is required
responded by the Business Actor within a certain period of time.

(2) The response as referred to in paragraph (1) must be
carried out in the form of Electronic Confirmation and/or
non- electronic confirmation that can be stored and
used as a sign of evidence of an agreement.

(3) Electronic Confirmation can be carried out with actions
identify, correct or modify entries

purchase order data or form , or

give a statement has earned enough
information and / or are clearly convey intentions
to buy.

(4) The contents of the Electronic Confirmation must be the same as the information
Electronic Bidding .

Article 47...

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INDONESIAN REFUELIC

-24Article 47

(1) An Electronic Contract may be created as a result of the interaction
with an automated transaction tool that
organized by Business Actors.

(2) The parties can not deny the validity of the Contract
Electronics are made by automatic, except to

proven that the automatic system is not running
as it should be.

(3) In the event that the Business Actor uses the software
automatic translators, all losses that arise as a result of

the use of a translator device automatically the
is the responsibility of the Business Actor.

Article 48

(1) PPMSE in domestic and / or PPMSE outside the country can
use product coding / cryptographic inside
PMSE.

(2) The use of any encryption/cryptography product on
the security system must comply with the provisions
laws and regulations.

Article 49

(1) PPMSE in domestic and / or PPMSE outside the country can
using a certified electronic signature that

evidenced by the possession of an electronic certificate.

(21 In the use of electronic signatures as
referred to in paragraph (1), PPMSE in domestic and / or
PPMSE outside the country can use the certificate
electronic which is published by the organizers of the certification
electronic parent by using a signature
Electronic root certification authority y ang issued by
Government.

(3) Evidence of transactions that use sign hand

certified electronic through an electronic certificate that
issued by the provider of electronic certification
certified or parented can be considered as evidence
written were authentic.

BABX...
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PRESIDENT

REPUBLIC OF INDONESIA

-25CHAPTER X
ELECTRONIC CONTRACT

Article 50

PMSE can use Electronic Contract mechanism
or other contractual mechanism as embodiment
agreement of the parties.

Article 51

(1) Electronic Contracts can be in the form of an agreement/agreement
sale and purchase or license agreement/agreement .

(2) The license agreement/agreement as referred to in
paragraph (1), includes among others:

a. end user license agreement/agreement ;
b. amendment license agreement/engagement ,
development, or modification;

c. public license agreement/agreement ;
d. license agreement/agreement for sharing (creatiue
common license);

e. agreement / Engagement granting the license back
to the parties (relicensingl.
Article 52

Electronic Contracts are valid and binding on the parties if:

a. in accordance with the terms and conditions in the Offer
In Electronics;

b. information that is contained in the Contract Electronics
according to the information that is contained in
Electronic Bidding ;

c. there is an agreement between the parties, namely the terms and conditions
offers were submitted by the parties were
submit an offer, accepted and approved by
the party receiving the offer;

d. carried out by a competent legal subject or who
authorized to represent in accordance with the provisions of the regulations
legislation;

e. there is...
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e. there are certain things; and
f. the object of the transaction must not conflict with
laws and regulations, decency, and
public order.
Article 53

(1) Information in Electronic Contracts must comply with
offers and contains at least:

a. identity of the parties;
b. agreed specification of Goods and/or Services ;
c. legality of Goods and/or Services;
d. Trade transaction value ;
e. terms and terms of payment;
f. operational procedures for the delivery of Goods and/or
Services;

g. procedures for returning goods and/or services in

in the event of a discrepancy between the Goods and/or

h.

Services were accepted by the agreement;
procedures in the event of a cancellation by the
party; and

i. choice of law dispute resolution PMSE.
(2) Electronic Contracts are prohibited from including clauses
standards that are detrimental to consumers as regulated

in the Law on Protection
Consumer.

Article 54

Contract Electronics can use sign hand
electronically as a sign of agreement of the parties in accordance with the
provisions of laws and regulations.
Article 55

Contract Electronics are addressed to the Consumer in
Indonesia should use the language Indonesia.

Article 56. . .

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PRESIDENT
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-27 Article 56

Business Actors are required to provide Electronic Contracts that
can be downloaded and/or stored by the Consumer.
Article 57

(1) Electronic Contracts are deemed to be automatically canceled for the sake of
the law in the event of a technical error as a result of the System
Electronics are not safe, reliable, and responsible accountable.

(2) In the event of a technical error as referred to
in paragraph (1), the receiving party is not obliged to return

Goods and/or Services that have been delivered and
be accepted.

(3) Losses due to the occurrence of technical errors as referred to in
referred to in paragraph (1) fully into the responsibility

answer the Business Actors .
CHAPTER XI
PROTECTION OF PERSONAL DATA
Article 58

(1) Each of the data personally enforced as the right to belong to a private
of the person or business actor concerned.

(21 Every Business Actor who obtains personal data
as referred to in paragraph (1) must act

as the bearer of the mandate in saving and
control personal data in accordance with the provisions
laws and regulations.

Article 59

(1) Entrepreneurs are required to keep personal data in accordance with
personal data protection standards or normal practice
growing business .

(2) Personal data protection standards or prevalence
as referred to in paragraph
meet the protection rules :

(1) at least

a. data...

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a. the data must personally obtained in an honest and legitimate of
the owner of the data personally were concerned with
with choices and guarantees of effort
security and prevention of loss of data owners
such;

b. the data must personally held only for one purpose
or more are described as specific and legitimate

and not be processed more about the way
which is not suitable for that purpose ;

c. the personal data obtained must be appropriate, relevant, and
not too broad in relation to the goal

processing as submitted

in advance to the data owner ;

d. personal data must be accurate and must always be up-to-date
by providing opportunities for data owners

e.

to update his personal data ;
personal data must be processed according to the purpose
acquisition and allocation and may not

f.

ruled for longer than the time that is required;
personal data must be processed according to the rights of the subject
data owner as stipulated in the regulations
legislation;

g. the party storing personal data must
have a proper security system for
prevent leakage or prevent any activity
processing or use of personal data in

against the law and shall be liable on
losses are not unexpected or damage that
happens to the personal data ; and

h. personal data should not be sent to countries or
other areas outside Indonesia except if the country or
the area by the Minister is declared to have
standards and level of protection equal to
Indonesia.

(3) In the event that the owner of the personal data declares exit,
stop subscription or stop using services
and PMSE facilities , the owner of personal data has the right to

ask Business Actor to delete all data
the person concerned.

(4) At the request of the owner of the personal data as
referred to in paragraph (3), Business Actors must delete
entire personal data that is pertinent to the system
managed by the Business Actor .

BABXII ...
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FRESIDENT
REPUBLIC OF INDONESIA

-29CHAPTER XII
PAYMENT IN TRADE THROUGH ELECTRONIC SYSTEMS
Article 60

(1) In PMSE, the parties can make payments
(21

through Electronic Systems .
Currencies used as means of payment
in PMSE in accordance with regulatory provisions
legislation.

(3) Payment through Electronic System as
referred to in paragraph (1) can be carried out by
using the means of the banking system or
other electronic payments in accordance with the provisions

(4)

laws and regulations.
Every payment arrangement through

the System

Electronics must get permission from the agency that

authorized in accordance with the provisions of the regulations
legislation in the field of payment systems
and/or banking.

(5) In the implementation of the implementation of payments through
Systems Electronics, PPMSE in domestic and / or PPMSE
foreign countries can cooperate with service providers
payment system based on cooperation.

(6) Cooperation as referred to in

paragraph (5) must be reported by the domestic PPMSE
and / or PPMSE outside the country to the Minister.
Article 61

(1) Payment system service providers must comply with
Electronic System security level standards in accordance with
provisions of laws and regulations.

(21 Setting the security level standard as

referred to in paragraph (1) is determined by the head of the institution
government that organizes affairs

governance in the field of cybersecurity and password
state, the Governor of Bank Indonesia, and/or the Chairman
Financial Services Authority .

Article 62...

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PRESIDENT
REPUELTK INDONESIA,

-30Article 62
Business communities organize j asa payment system

as referred to in Article 61 paragraph (1) must
meet the requirements in accordance with the provisions of the regulations
legislation in the field of payment systems and/or
banking.
CHAPTER XIII
DELIVERY OF GOODS AND SERVICES IN TRADE THROUGH THE SYSTEM
ELECTRONIC

Article 63

(1) In terms of approval of the purchase of Goods and/or Services

through the Electronic System has been carried out, traders
obliged to deliver goods and/or services
to the buyer.

(2) Delivery of Goods and/or Services as referred to in
referred to in paragraph (1) can be carried out by
using a courier service or by using

the mechanism of delivery of goods and / or services other
in accordance with the standard of delivery of goods and/or services
as regulated by the provisions of the legislation
invitation.

Article 64

(1) In every delivery of Goods and/or Services which
using a courier service or delivery mechanism
other, Business Actors must ensure:

a. security of goods and/or services;
b. the feasibility of the condition of the Goods and/Services;
c. confidentiality of goods and/ or services;
d. suitability of goods and or services are delivered; and
e. on time delivery of Goods and/or Services,
according to the Goods Trade transaction agreement
and/or Services through Electronic Systems .

(2) Business Actors are required to submit information regarding
Items that have been shipped.
(3) Perpetrators...

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(3) Business Actor can not burden Consumers

regarding the obligation to pay the goods are shipped
without a contract basis .
Article 65

(1) In the event that the transaction is completed by PPMSE within
country and/or overseas PPMSE , then shipping
Goods and/or Services are the responsibility
PPMSE in domestic and / or PPMSE outside the country.

(2) In the delivery of Goods and/or Services, PPMSE in
domestic and / or PPMSE outside the country can cooperate
with Business Actors of the delivery of goods and/or services

based on the cooperation agreement made by
PPMSE in domestic and / or PPMSE outside the country and
Business Actors of the delivery of goods and/or services.

(3) The cooperation as referred to in paragraph (2) must
reported to the Minister.
Article 66

(1) In the event that the delivery of Goods and/or Services is carried out
by PPMSE in domestic and / or PPMSE outside the country,
PPMSE in domestic and / or PPMSE outside the country must
provide information that is accurate and precise time
regarding the period and status of delivery to
Consumers are periodic.

(2) In the event that there are errors and/or discrepancies
between the actual time period and the delivery period

Goods and/or Services that have been agreed in
Electronic contract with the Goods and / or Services are
sent so as to cause a dispute between
Consumers with Business Actors, then PPMSE in
domestic and / or PPMSE outside the country shall finish
the dispute.

Article 67...

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PRESIDENT
REPUBLIC OF INDONESIA

-32Article 67

Delivery of Digital Goods or Digital Services in PMSE
considered valid if the Goods Digital or Services Digital the
has been fully accepted and proven to be installed with

good and / or operate as it should be in accordance
with the technical usage instructions applicable to

Goods Digital or Services Digital were purchased or leased.
Article 68

(1) Actors Enterprises which distributes goods Digital or
Digital services, both paid and free, are mandatory
ensure the intended Digital Goods or Digital Services
can be operated as it should.

(2) In the case of Digital Goods or Digital Services as referred to in
referred to in paragraph (1) causes losses for

users of Digital Goods or Digital Services , then the loss
shall be the responsibility of the Business Actor .

(3) Business Actors must ensure that Digital Goods or Services
Digital that is transacted is not Digital Goods or

Digital Services that are prohibited by the Government and provisions
laws and regulations.

CHAPTER XIV
EXCHANGE OF GOODS OR SERVICES AND CANCELLATION OF PURCHASES IN
TRADE THROUGH ELECTRONIC SYSTEMS
Article 69

(1) Merchants in the country and / or traders outside the country

and PPMSE in domestic and / or PPMSE outside the country
must provide a period of at least 2 (two) days

work for the exchange of Goods and/or Services, or

cancellation of purchase, starting from the time the Goods and/or
Services are accepted by the Consumers.

(21 Exchange of Goods and/or Services, or cancellation of
the purchase as referred to in paragraph (1) may

done in terms of:

a. there are errors and/or discrepancies between
Goods and / or services are delivered;

b. there is...
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Republic of Indonesia

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b. there are errors and/or discrepancies between

the actual period of delivery of the Goods and/or
Services;

c. there are hidden defects ;
d. Damaged goods and/or services ; and/or
e. Expired goods and/or services.
(3) Consumers who exchange Goods and/or

The services as referred to in paragraph (2) can only be
be charged the cost of returning the Goods and/or
Services to traders in the country and / or Trader
outside the country or PPMSE domestic and / or PPMSE

outside the country.

(4) Charging the cost of shipping Goods to Consumers
can be done if the error contribution occurs because
Consumer inaccuracy .

Article 7O

(1) In the event that the PMSE object is an implementation service

a job, the fulfillment of the implementation of the work
the agreement is done as it should be
according the principle practices of businesses that flourish
based on the best experience or ability in

perform an order of governance that is good against a
employment and regulatory legislation.

(2) In the event of a default on the implementation of
work done through PMSE, the parties

can agree on a job replacement with

jobs other comparable as one of the forms

compensation or perform a cancellation agreement

in accordance with the provisions of perrrndang-

invitation.
Article 71
Each PPMSE in domestic and / or PPMSE outside the country who

receive payment must have or provide
mechanism that can ensure a refund

Consumers if the case of cancellation of purchase by
Consumer.

BABXV...

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PRESIDENT

REPUELIC OF INDONESIA5IA

-34CHAPTER XV
DISPUTE SETTLEMENT IN TRADE THROUGH THE SYSTEM
ELECTRONIC
Article 72

(1) In the event of a dispute in PMSE, the parties may
resolve disputes through the courts or through
other dispute resolution mechanisms .

(2) PMSE dispute settlement as referred to in paragraph
(1

be held electronically (online dispute

) can

resolutionl in accordance with the provisions of the regulations

legislation.

(3) In the event of a dispute between Domestic Business Actors,
State and Consumers, Consumers can sue
Business Actors through the dispute resolution agency
Consumers or apply to the judiciary in
where the position of consumers.
Article 73

(1) The parties have the authority to choose the law
which applies to the international PMSE it makes.

(2) In the event that the parties do not make a choice of law
in PMSE international law applicable

based on the principles of International Civil Law .
Article 74

(1) The parties have the authority to determine

forums court, arbitration, or agency settlement
other alternative disputes that are authorized to handle
disputes that may arise from international PMSE

which he made.

(2) In the event that the parties do not make a choice of forum
as referred to in paragraph (1), the determination of
jurisdiction of a court, arbitration, or institution
other authorized alternative dispute resolution
handle disputes that may arise from transactions

is based on the principles of Civil Law
International.

(3) In...

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(3) In the event that the parties choose to resolve the dispute
International PMSE through dispute resolution forums
existing in Indonesia, then the authorized institution
resolve the dispute , namely:

a. Central Jakarta District Court ; or
b. arbitration institution or alternative settlement
other disputes ,

in accordance with the provisions of the legislation
invitation.
Article 75

In terms of the parties is a perpetrator of Business Affairs of State
who conduct transactions with Indonesian Consumers and
do not do the choice of law and choice forum
dispute resolution, then the dispute resolution is carried out
through:

a. agency tasked with resolving disputes between
Consumers and business actors; or

b. justice that is in the judiciary generally,
accordance with the regulations of legislation
Consumer protection sector .
CHAPTER XVI
GUIDANCE AND SUPERVISION
Article 76

(1) The Minister has the authority to provide guidance and
supervision of PMSE.

(21 In conducting coaching and supervision
as referred to in paragraph (1), the Minister may
coordinating with ministers, heads of institutions
non- ministerial government , and leadership authorities
concerned, as well as local government .

Article 77...

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-36Article 77

(1) The Minister conducts guidance by:
a. improving the competence of the source power human
Domestic Business Actors ;

b. improve the competitiveness of business communities in the State
in PMSE;

c. facilitate the improvement of product competitiveness in
country in PMSE;

d. facilitate the promotion of domestic products for
market in the domestic and export;

e. promote and encourage the use of PMSE;
f. improve the financial inclusion of society by
PMSE;

g. provide a database of Business Actor and
products in the country; and

h. seek to provide other facilitation according to
with the provisions of laws and regulations.

(21 In conducting the development of Business Actors as referred to in
referred to in paragraph (1), the Minister coordinates and
collaborate with relevant agencies in accordance with
their respective powers.

(3) Further provisions regarding the form of coordination and
collaboration with related agencies is regulated in the Regulations
Minister.

Article 78

(1) In carrying out supervision, the Minister shall appoint
supervisory officer in the field of commerce.

(21 In carrying out the supervision as stated in the
referred to in paragraph (1), the Minister prioritizes

(3)

protection and safeguarding of the national interests of
negative impact PMSE from outside the country.
The supervisory officer as referred to in paragraph (1)
in carrying out supervision assisted by the assistance team
supervision which is formed by the Minister.

(4) Further provisions regarding implementation
supervision is regulated by a Ministerial Regulation.

Article 79...
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Republic of Indonesia

-37Article 79

(1) In the framework of fostering and supervising, the Minister may
request data and/or company information and
business activities of Business Actor in terms of:

a. up - to -date, accurate, and fast data is required ; and
b. the requested data is not included in the data and/or
information which is submitted to the institution
government that is conducting the affairs
government in the field of statistics as
referred to in Article 21.

(2) The provision is further regarding the demand of data
and/or information as referred to in paragraph (1)
regulated by Ministerial Regulation.

CHAPTER XVII
ADMINISTRATIVE SANCTIONS

Article 80

(1) Business Actors who violate the provisions as
referred to in Article 7 paragraph (3), Article 9 paragraph (2), Article

11, Article 12, Article 13 paragraph (1), Article 14, Article 15 paragraph (1),
Article 16, Article 17, Article 20, Article 2L, Article 23, Article 24
paragraph (1) and paragraph (21, Article 25 paragraph (1), Article 26, Article 27
paragraph (1), Article 28 paragraph (1), Article 33 paragraph (2), Article 34 paragraph
(1) and paragraph (21, Article 35, Article 46 paragraph (1), Article 56, Article

58 paragraph (2), Article 59 paragraph (1), Article 6l paragraph (1), Article 63
paragraph (1), Article 64 paragraph (2 ), Article 66 , Article 68 paragraph (1), Article
69 paragraph (1), and Article 71 are subject to administrative sanctions by
Minister.

(2) Sanctions

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(2) The administrative sanctions as referred to in paragraph (1)
can be:

a. written warning ;
b. included in the list of supervisory priorities ;
c. included in the black list;
d. blocking while the service PPMSE in the country

and / or PPMSE outside the country by the relevant agencies that
authorized; and/or

e. revocation of business license .
(3) The written warning as referred to in paragraph
letter a, is given at most 3 (three) times in

(21 .)

grace period 2 (two) weeks commencing from the date of
previously issued warning letter .

(4) Administrative sanctions in the form of being included in the list
priority of supervision as referred to in paragraph
(2) letter b, is imposed on Business Actors who do not
make repairs after being given a warning letter
third written .

(5) provision is further regarding the imposition of sanctions
administrative matters are regulated in a Ministerial Regulation.
CHAPTER XVIII
TRANSITIONAL TERMS
Article 81

At the time this Government Regulation comes into force, the Actors

PMSE businesses that have carried out trading activities

Goods and/or Services prior to the enactment of the Regulations
This government is obliged to comply with regulations
The government is in a period of time a maximum of 2 (two) years
since this Government Regulation comes into force.
CHAPTER XIX
CLOSING
Article 82

began to apply on the date

This Government Regulation
invited.

So that

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PRESIDENT
REPUBLIC OF INDONESIA

-39-

For everyone to know, command
the promulgation of this Government Regulation by
its placement in the State Gazette of the Republic of Indonesia.

Set in Jakarta
on 20 November 2Ol9
PRESIDENT OF THE REPUBLIC OF INDONESIA,

signed.
JOKO WIDODO
Promulgated in Jakarta
on November 25 , 2019
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

signed
YASONNA H. LAOLY

STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2OL9 NUMBER 222

Copies match the original
MINISTRY OF STATE SECRETARIAT
REPUBLIC OF INDONESIA

in the Field of Law and
invitation,

Djaman

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PRES IDEN

REPUEUK INDONESIA

EXPLANATION
ON

GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
NUMBER 80 YEAR 2019
ABOUT
TRADE THROUGH ELECTRONIC SYSTEMS

I. GENERAL

Today , trading through electronic systems has developed ,

that allows each party to carry out activities and transactions
trade through the Electronic Communication system. In basically
policies and rules of laws and regulations concerning
Trade well done conventionally and who

conducted by electronic has a purpose that is the same, namely
carry out trading activities that are legal, honest, based on the principles of
fair business competition and respect and protect the rights of
consumer.

Likewise also the case with the parties three (intermediaryl that
related that give contributions that are technically an akti.ritai
transaction or trade be able to do it electronically.
The cooperation between the related parties in an organization
The Electronic System for Trading transactions must be built from
the spirit of working together that is mutually beneficial and be responsible
are responsible jointly and severally and / or be liable proportionally
to the system users the appropriate function and its role in
respectively.

No different from conventional trading , activities
and Trading transactions Through Electronic Systems must meet
aspects of trading obligations in general, especially clarity of information
both subjective and objective elements . It the mandates

clarity of legality in electronic transactions, both before the occurrence
transaction, transaction execution , and post- transaction.

Settings . . .

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Trading arrangements in general have been regulated in the Law
Law Number 7 Year 2Ot4 concerning Trade and on activities

Trading Through Electronic Systems is mandated to make

setting further in Government Regulation which set

electronic commerce activities for the sake of the implementation of the system

Trade are fair

and reliable as well as protecting the interests of
national. Different from the regulation in Government Regulation
Number 71 of 2019 concerning System and Transaction Implementation
Electronic then Government Regulation on Trading Through the System
Electronic regulates the legal aspects of Trade in the implementation of

and utilization of Electronic Systems that are specifically intended for
Trading.

The scope of regulation in this Government Regulation covers all
activities of trade that is done by using various modes
and the types of systems of electronic communication, both online and in
off-line. This will include legal relationships in context
between business actors (business to business) and business actors with
consumers (business to arctomefl.
The subject matter of PMSE regulation includes:

a. parties who do PMSE;
b. PMSE requirements ;

c. implementation of PMSE;
d. obligations of Trading Business Actors Through Electronic Systems ;
e. proof of PMSE transactions ;

f. Electronic Advertising ;
g. Electronic Offering , Electronic Acceptance , and
Electronic Confirmation ;

h. Electronic Contracts;
i. protection of personal data ;
j. payment in PMSE;
k. delivery of Goods and Services in PMSE;
1. exchange of Goods or Services and cancellation of purchases in PMSE;
m. dispute resolution in PMSE; and

n. coaching and supervision.
II. ARTICLE...

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INTRONESIA REPUBLIC

-3-

II. CHAPTER BY ARTICLE
Article 1

Quite clear.

Article 2

Quite clear.
Article 3

letter a
The principle of good faith , namely Business Actors and Consumers in
conducting Trading Through Electronic Systems must have
good faith, where the violation of this principle results in the cancellation
agreement among the parties, by not reducing or
ignoring the rights of parties who have faith both in
conduct Trading Through Electronic Systems (PMSE).
letter b
The precautionary principle, that is, business actors and consumers must
be careful when trading through the system
Electronic (PMSE), where all electronic information related to
with business communities, Consumer Goods and / or Services are

become the object of Trade and the terms and conditions of

Trade in Goods or Services through the Electronic System is mandatory
understood by both.

letter c
The principle of transparency, namely that business actors and consumers must
are transparently convey all information electronically
in connection with Business Actors, Consumers, Goods or Services
which is the object of Trade as well as the terms and conditions
from Trading in Goods and/or Services through Electronic Systems
shall be understood by both.

letter d

The principle of trustworthiness is that business actors are obliged to build
System Electronics with both the worthy believed for the sake of keeping

system user's trust in the Electronic System that
it is held.

letter e
The principle of accountability, namely Trading Through Electronic Systems
(PMSE) must be carried out by Business Actors and Consumers
accountably by taking into account the provisions of the regulations
generally accepted laws and ethics .

Letter f ...
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letter f
The principle of balance, namely Business Actors and Consumers must
ensure that the relationship of law are performed based on the
spirit for mutual benefit in accordance with expectations and
sacrifices made by each party.

letter g
The principle of fair and healthy, namely the existence of equal opportunities and
position in the business activities between Actors Enterprises PMSE to
realizing climate efforts conducive to guaranteeing their
certainty and equal business opportunities .

Article 4

Paragraph (1)
Quite clear.
Verse (21

letter a
Quite clear.

letter b
Quite clear.

letter c
Quite clear.

letter d

Transactions between state administration agencies or
public service providers are carried out in accordance with
provisions in Law Number 25 Year 2OO9 concerning
Public Service and Law Number 11 Year 2008

regarding Information and Electronic Transactions as stated above
amended by Law Number 19 of 2016 concerning
Amendment to Law Number 11 of 2008 concerning
Information and Electronic Transactions . Moreover , in the context
procurement of goods/services using the state budget
set more advanced in the Regulation of the President of Procurement
Goods I Government Services.
Article 5

Included in the Business Actors are system service providers
payment (gatewagl page but nevertheless the settings
done in particular by the agency that is authorized.

That. .

.

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Included in the scope of the definition of Trader are Business Actors

who make Electronic Offers either through the System

Electronics that are owned or managed by themselves, or through other means
provided by domestic PPMSE and/or foreign PPMSESE
country.

Sellers who only sell goods and / or services are temporal and
not commercially not included Traders.
Included in the scope of the meaning of PPMSE are all parties who
provide Electronic System Services and/or facilities so that

allows a transaction for PMSE business activities to
done. The Business Actor performs its services by:
provides an application system to be used as a means of communication
Electronic to facilitate Trading and/or business activities
PMSE completion, covering various business models of implementation systems
PMSE. Model business PPMSE among others:

a. online retailers or Traders who have their own PMSE facilities ;
b. marketplace or platform provider provider as a place where
Merchants may post offers of Goods and/or Services;

c. online classifieds is a platform / platform that brings together
sellers and buyers where the entire transaction process occurs without

involving PPMSE;

d. price comparison platforms ;
e. daily deals.
Electronic Communication Facilities can function as a medium of information,
communication, transaction settlement , payment system and/or system
delivery of goods.
Included in the scope of the definition of Intermediary Facility Operator
(intermediary services) is a provider of information retrieval system facilities

(search engine), a provider of space storage of information is still
(hosting) or for temporary shelter (caching).

Function as an intermediary include but are not limited to the function
pene lu suran

inform ation (me re - conduit), the provision of good places that are
permanent (lwsting) or temporary (caching).
Article 6

Quite clear.
Article 7

Quite clear.

Article 8...
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Article 8

Quite clear.
Article 9

Paragraph (1)

What is meant by "identity of legal subject " is all
information that explains the existence and legality of legal subjects
are concerned, both individual and corporate law, which
listed on the inside , among others Card Identity, Licensed Business,
No. Decree of Approval of the Agency Law, Number Identity
PMSE Business Actors given by the Minister, account number
bank, or cell phone number .
Clarity of legal subjects as domestic PPMSE and/or
PPMSE outside the country can be met with the inclusion of Numbers
Identity business communities PMSE which is given by the ministry
administering government affairs in the trade sector .
Paragraph (2)

Basically all the principles and provisions that apply in
Law Number 7 Year 2Ol4 concerning Trade and
Law Number 11 of 2008 concerning Information and
Electronic Transactions as amended by Law
Law Number 19 Year 2OL6 concerning Amendments to Law
Law Number 11 of 2008 concerning Information and Transactions
Electronics also apply in this Government Regulation , so that
parties conducting Trading Through Electronic Systems
must pay attention to and comply with Trade policies in
domestic, foreign trade , and border trade , between
other:

a. policies to protect national interests;
b. prohibition or restriction of export and import;
c. standardization of goods and services products;
d. regulations in the field of customs,

and provisions of laws and regulations in the field of information
and electronic transactions.

Article 10

Paragraph (1)

What is meant by "Goods and/or Services that have an impact"
to national security vulnerabilities" among others but not
limited to the product of cryptography, the products are used for
tapping and anti- tapping (monitoring and surveillance.
That. .

.

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What is meant by "seanritg clearancd is the result of the inspection"

and an assessment from the competent authority on the impact of a
products or goods and/or services to national security.
Paragraph (2)

Quite clear.
Paragraph (3)
Quite clear.

Article I 1
Every Business Actor conducting PMSE must meet the requirements

Among other business license, permit technical, Signs List of Companies, Registration Number
Taxpayer, code of business conduct (business conduct)/ business behavior (code of conduct)
practices), product standardization of goods and/or services and other matters
in accordance with the provisions of the legislation.

The code of conduct of business (busfness conductllperilaku effort (code of practices)
are the rules of ethical conduct trade in an honest and
uphold the spirit of competition which is healthy, both applicable internal
as well as external business actors .

Article 12

Quite clear.

Article 13

Quite clear.

Article 14

Quite clear.

Article 15

Quite clear.

Article 16. . .

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Article 16

Paragraph (1)

Traders in the country and / or traders outside
by means of PMSE belongs itself is one of the

the country who

domestic PPMSE business model and/or overseas PPMSE .
So that the provisions which apply to PPMSE in domestic and / or
PPMSE outside the country applies also to traders in the country
and / or traders outside the country who use the means of PMSE belongs
alone.
Verse (21

Quite clear.
Article 17

Quite clear.
Article 18

Quite clear.
Article 19

letter a

What is meant by "Consumer satisfaction" is that
Consumers have fulfilled their rights by Business Actors .

letter b

there are

What is meant by

evidence of implementation

protection Consumers are worth " is the guarantee to

Consumers that any complaints and requests for information
others will be served with good accordance with the provisions of
legislation.

letter c
Quite clear.
Article 20

Self- explanatory
Article 2 1

Paragraph (1)

letter a
Quite clear.

letter b
Quite clear.

letter c
Quite clear.

Letter d. .

.

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letter d
Quite clear.

letter e
What is meant by "relevant agencies" are ministries
which carries out government affairs in the field of
communication and informatics.

letter f
Quite clear.

letter g
Which referred to the "sectoral others are related", such as Bank
Indonesia in terms of providing payment system services
through the electronic system and the Financial Services Authority in the case of
the provision of financial services .
Verse (21

The collection and processing of data is done by working together
among others with Bank Indonesia.
Paragraph (3)
Quite clear.
Paragraph (a)
Quite clear.
Article 22

Paragraph (1)

What is meant by "electronic information" is one or more
a collection of electronic data , including but not limited to
text, sound, image, map, design, photo, electronic data
interchange (EDI), electronic mail (electronic mail | telegram, telex,
telecopy or the like, letters, signs, numbers, access codes , symbols,
or treated perforations that have meaning or can
understood by those who can understand it.

What is meant by "illegal electronic information content" is
content that is prohibited or is against the law in accordance with
provisions of laws and regulations.

Paragraph(2)...

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REFUBUK INDONESIA

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Paragraph (2)

What is meant by "act quickly" is act immediately

after becoming aware of illegal electronic information content ,
Some of them can be seen by the existence of the procedure after
receive notification from other party or after knowing
themselves about the content of such illegal electronic information in accordance
with the provisions of laws and regulations.

Paragraph (3)
Quite clear.
Paragraph (a)
What is meant by " interactive computer services " are various
services are held to the community to answer
needs as an information society (information society).
seriices), such as social media information provider services .
Article 23

Quite clear.

Article24
Quite clear.
Article 25

Paragraph (1)

letter a
Which referred to "the data and information PMSE are related
with financial transactions " is as regulated
in Article 28 paragraph (11) of Law Number 6 of 1983

about provisions General and Administration How Taxation
as has been several times amended the latest by
Law Number 16 Year 2OO9 concerning Stipulation

Government Regulation in Lieu of Law Number 5
Year 2008 regarding Fourth Amendment on Law
Number 6 Year 1983 concerning General Provisions and Procedures How
Taxation becomes law.

letter b
Quite clear.
Paragraph (2)
Quite clear.

Article 26...

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Article 26

letter a

Provisions of laws and regulations in the field of protection
Consumers , for example, Consumer protection of instruments
payment refers to the provisions of the legislation
consumer protection invitation in the field of payment systems .

letter b
Self- explanatory
Article 27

Paragraph (1)
Quite clear.
Paragraph (2)

letter a
Quite clear.

letter b
Quite clear.

letter c
Quite clear.

letter d
What is meant by " competent officer in processing"

complaint service " is an officer who is able to provide
explanation and/or answer to the complaint submitted.

letter e
Quite clear.
Article 28

Paragraph (1)

Proof of a valid PMSE transaction refers to Article 5 and Article 6
Law Number 11 of 2008 concerning Information and
Electronic Transactions as amended by Law
Law Number 19 of 2016 concerning Amendments to Law
Law Number 11 of 2008 concerning Information and Transactions
Electronic.
Paragraph (2)

What is meant by "binding the parties in accordance with

provisions of laws and regulations" is by
pay attention to the reliability of the security level that determines
the degree of authenticity of the electronic transaction evidence .

The reliability of the security system in practice is technically would
determine the weight of evidence against the evidence of electronics it 's own.
The more

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The higher the level of security against an electronic evidence ,
then the proof electronics can function as appropriate

authentic evidence because it guarantees authorization, authenticity, confidentiality,
integrity/wholeness and can not be denied. If level
low security, then the electronic evidence is not guaranteed
its integrity so that it is possible to be denied
as appropriate evidence of writing in the bottom of the hand.
Paragraph (3)
Quite clear.
Paragraph (a)
Quite clear.
Article 29

Paragraph (1)
Quite clear.
Paragraph (2)

The power of proof of an electronic information that
using sign hand electronics to be supported by a
e-certification parented to e- certification
Government, has perfect evidentiary power and
binding, unless it can be proven otherwise by the party who
deny it.

Electronic information and / or sign hand electronics can be
evidence of their intention to contract and / or conduct a
approval to conduct transactions as long as there is a method or
system that can explain this .
Electronic information can be evidence that is equivalent to a deed
authentic as long as there is no denial from the parties or from
who should be held responsible for the information
the electronics .
The weight of the evidentiary power of electronic information is determined
by the level of security reliability of the information system and/or
electronic communication used. If there is no security
information, the panel of judges is free to assess the evidence

that. If the information comes from a system that has been
accredited and/or certified, the panel of judges should
receiving apparatus of evidence such as the withdrawal certificate is authentic,
unless proven otherwise in advance of the trial.
On

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In essentially Electronic Communication via the Internet is to be

open and vulnerable to the security of communications that

open and vulnerable to the security of communications that
made to make transactions. Use of signature
electronics must be able to describe security and authentication
information about transactions that are used as proof of transactions.
The value of the strength of evidence against the evidence of the transaction were not safe
or don't use an electronic signature yet ca n't
is said to have the dignity that is the same as the withdrawal of evidence
writings are authentic, by thus judge needs to consider
its safety reliability before trusting the evidence .
Article 30
Submission of information electronically as evidence that is valid and binding

should take into consideration the principle of equality of functional (functional
equiualent approach) namely the principle of legal recognition that a
electronic information is functionally equated with information in

on paper.
Article 31

What is meant by "electronic transaction" is a legal action

carried out using computers, computer networks ,
and/or other electronic media .
Article 32

Quite clear.
Article 33

Paragraph (1)
Quite clear.
Paragraph (2)

What is meant by "privacy and personal data" is not only
covers aspects of consumer privacy and personal data security

but also covers every aspect that concerns
the convenience of consumers , as has been stipulated in the Act
Law Number 8 Year L999 concerning Consumer Protection and

Law Number 11 of 2008 concerning Information and
Electronic Transactions as amended by Law
Law Number 19 of 2016 concerning Amendments to Law
Law Number 11 of 2008 concerning Information and Transactions
Electronics and its implementing regulations .

Article 34...

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Republic of Indonesia

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Article 34

Paragraph (1)

What is meant by "contrary to the principle of competition"
businesses are healthy " is the delivery of ads that are
competition is not honest or not unfair (unfair) or aim to
discredit competitors.

Legislative provisions regarding fair business competition
refers to the provisions in Law Number 5 Year L999

on the Prohibition of Monopolistic Practices and Business Competition No
Healthy and also refers to Law Number 8 of 1999
regarding Consumer Protection .
Paragraph (2)
Quite clear.
Paragraph (3)
Quite clear.
Article 35

Basically, every business actor is responsible for
substance or material truth ads are delivered. Even though a
advertisements cannot be stated as a condition of the offer, the party who

trusting the ad is considered to have given trust
the substance it offers.
Article 36

Quite clear.
Article 37

Quite clear.
Article 38

Paragraph (1)

Which is intended to offer In Electronics done
in general is offers transaction Trading which
made to the public or all parties.
Referred to Offer In Electronic done
in a limited way is a Trading transaction offer that
done in special / private, limitedly or just to party
certain.
Paragraph (2)
Provisions regulation legislation that is among others

provisions of laws and regulations in
Consumers and advertising.

the field of protection

Article 39...

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REPUBLIC OF INDONES|A
_ 15_

Article 39

Quite clear.
Article 40

Quite clear.
Article 4 1

Quite clear.
Article 42

Quite clear.
Article 43

Quite clear.
Article 44

Quite clear.
Article 45

Paragraph (1)
What is meant by "response" is the party who submits

the answer must follow the technical mechanism or procedure that

carefully determined in order to see if it occurs

system imperfections , by paying attention to messages or
response error if it occurs.

Paragraph (2)
Quite clear.
Paragraph (3)
Quite clear.
Paragraph (a)
Quite clear.
Article 46

Paragraph (1)

Determination of

a certain period of time according to the standard

implementation or in accordance with a statement that was agreed
in a service level agreement (seruice leuel agreement) as well as with
Pay attention to the clarity of response times and working days .
Verse (21

What is meant by " non- electronic confirmation " is
agreement on offers in non- electronic forms such as
proof of confirmation in printed form , receipts, and receipts.

Paragraph (3) ...
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Paragraph (3)
Quite clear.
Paragraph (a)
Quite clear.
Article 47

Quite clear.
Article 48

Quite clear.
Article 49

Quite clear
Article 50

Quite clear.
Article 51

Paragraph (1)

Agreement / Engagement sale and purchase aims for the diversion
ownership rights over the offered Goods or Services , while
license agreement/agreement is only for the purpose of
granting permission or to exercise certain rights, among others
use rights , modification rights , and other specified rights
in agreement it 's own.
Verse (21

Quite clear.
Article 52

Self- explanatory
Article 53

Quite clear.
Article 54

Quite clear.
Article 55

Quite clear.
Article 56

Quite clear.

Article 57...
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Article 57

Paragraph (1)

What is meant by " technical error " is an error or

technical defects in system maintenance by the system maker
(deueloper/uendof where the system is intentionally made to run
with not as it should be, with the purpose to do
coercion contract (inertia selling) or fraud to the
its users.
Verse (21

Goods and/or Services that have been sent are considered as gifts
for free.
Paragraph (3)
Quite clear.
Article 58

Paragraph (1)
Quite clear.
Verse (21
What is meant by " mandate bearer" is data controller
personally according to its designation.

In carrying out the mandate of data storage and use

personal data refers to the appropriate personal data protection standards
propriety and evolving business practices .
Article 59

Paragraph (1)
Quite clear.
Paragraph (2)

Personal data protection standards take into account the presence
European data protection standards and/or APEC Priuacg Frameworks.

Paragraph (3)
Quite clear.
Paragraph (a)
Quite clear.
Article 60

Quite clear.
Article 61

Quite clear.

Article 62...
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Article 62

Quite clear.
Article 63

Paragraph (1)
Self- explanatory
Verse (21

In terms of delivery of goods and/or services which are the result of
from trade transactions both domestically and across countries,
applicable provisions of law among others in
customs, postal and other so on.
Article 64

Quite clear

Article 65

Paragraph (1)
What is meant by "transaction completed by PPMSE" is

the final transaction of payment for goods and/or services to
Merchants.

Paragraph (2)
Quite clear.
Paragraph (3)
Quite clear.
Article 66

Quite clear.
Article 67

What is meant by "as it should be" is the system works
as the specifications that have been declared, or as the
diperj ANJ fish if its existence is made by the order.
Article 68

Paragraph (1)
Quite clear.
Paragraph (2)

What is meant by "causing a loss" is, among others, not
in accordance with the certificate leuel agreement (SLA) or not in accordance with
specifications listed in the offer.

Paragraph (3) ...
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Paragraph (3)
Quite clear.
Article 69

Quite clear.
Article 70

Paragraph (1)

Guidelines for the implementation of a work that is mutually agreed upon
electronics at essentially fixed refers to the characteristic
work implementation agreement based on Article 1601 of the Book
Law Law Civil and regulations prevailing
invitation, including , among others, temporary agreements for services such as:
consultants, contracting agreements that result in a
certain objects , and labor agreements that carry out a certain
wage-based work.
Paragraph (2)

Provisions regarding default in carrying out engagements
a job still refers to the rule of law in the Book
Law Law Civil and regulations prevailing
invitation.

Article 71
Mechanisms that can ensure consumer refunds if

there is a cancellation of a purchase by a Consumer, among others by:
provide account account guarantee (escrou).

Article 72
Paragraph (1)
What is meant by "other dispute resolution mechanisms"
may take the form of consultation, negotiation, conciliation, mediation or arbitration
in accordance with the provisions of the legislation.
Paragraph (2)
In essentially dispute resolution electronic (online dispute
resolution) back to the agreement of the parties. It can

shaped mediation in electronics are organized by

supporting professionals such as advocates or mediators, through institutions

arbitration online that have been accredited, or through agencies
government in charge of it.
Paragraph (3)
Quite clear.

Article 73. . .

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Article 73

Paragraph (1)

Choice of law made by the parties to the contract
international, including that done electronically known
with a choice of sea. This law is binding as a law that
applies to the contract. Choice of law in PMSE only
can be done if the contract contains foreign elements and
its application must

be in line with the principles of Civil Law

International (HPI).
Paragraph (2)

What is meant by "the parties" are Indonesian Business Actors
with foreign business actors or foreign consumers .
Article 74

Paragraph (1)

Forum authorized to adjudicate international contract disputes ,
including those carried out by electronics, is a forum that is selected

by the parties. Forums are able to shape the court,
arbitration, or other alternative dispute resolution body .
Paragraph (2)

In the event that the parties do not make a choice of forum, the authority

the forum applies based on the principles or principles of Civil Law
International. This principle is known as the residence principle
defendant (tlrc basis of presence) and effectiveness emphasizing on
where the defendant's property is located (principle of effectiueness).
Paragraph (3)
Quite clear.
Article 75

Quite clear.
Article 76

Quite clear.
Article 77

Self- explanatory
Article 78

Paragraph (1)
Quite clear.
Paragraph (2)
Quite clear.

Paragraph (3) ...
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Paragraph (3)
Given the development PMSE rapid and can be cross

sector, the supervisory officer in the trade sector

requires the support of a supervisory assistance team that can
are cross- sector and multi-stakeholder.
Paragraph (a)
Quite clear.
Article 79

Quite clear.
Article 80

Paragraph (1)
Quite clear.
Paragraph (2)

letter a
Quite clear.

letter b
What is meant by " supervisory priority list " is
list of business actors with problems or potential violations
Trade policy but not included in the list
black.
The management of the list is carried out by a mechanism that:

transparent.

letter c
What is meant by " black list " is the list of Actors

A business that has a bad reputation , has been proven
detrimental to consumers, national interests , and/or
national security.

letter d
Quite clear.

letter e
Quite clear.
Paragraph (3)
Quite clear.
Paragraph (a)
Quite clear.

Paragraph(s) ...

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Paragraph (5)
Quite clear.
Article 81

Quite clear.
Article 82

Quite clear.

SUPPLEMENT TO STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 6420

SK No 019172 A

