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REGULATION OF THE MINISTER OF COMMUNICATION AND INFORMATION
REPUBLIC OF INDONESIA
NUMBER 5 YEAR 2020
ABOUT
ELECTRONIC SYSTEM OPERATOR PRIVATE SCOPE

BY THE GRACE OF GOD ALMIGHTY

MINISTER OF COMMUNICATION AND INFORMATICS OF THE REPUBLIC OF INDONESIA,

Considering: that in order to meet the needs of internal
implementation of private electronic systems, as well as for
implement the provisions of Article 5 paragraph (3), Article 6 paragraph (4),
Article 97 paragraph (5), Article 98 paragraph (4), and Article 101 of the Regulations
Government Number 71 of 2019 concerning the Implementation of
Electronic Systems and Transactions, it is necessary to stipulate
Regulation of the Minister of Communications and Information Technology regarding
Private Scope Electronic System Operator;

Remember:

1. Article 17 paragraph (3) of the Constitution of the Republic of Indonesia
Indonesia in 1945;
2. Law Number 39 of 2008 concerning
Ministry of State (State Gazette of the Republic of Indonesia
Indonesia Year 2008 Number 166, Supplement to the Gazette
Republic of Indonesia Number 4916);

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3. Government Regulation Number 71 of 2019 concerning
Electronic System and Transaction Operation
(State Gazette of the Republic of Indonesia Year 2019
Number 185, Supplement to the State Gazette of the Republic of Indonesia
Indonesia Number 6400);
4. Presidential Regulation Number 54 of 2015 concerning
Ministry of Communication and Information Technology (Gazette
Republic of Indonesia Year 2015 Number 96);
5. Regulation of the Minister of Communication and Information Number 6
2018 on Organization and Work Procedure
Ministry of Communication and Information Technology (State News
Republic of Indonesia Year 2018 Number 1019);
6. Regulation of the Minister of Communication and Information No
13 of 2019 concerning the Implementation of Services
Telecommunications (State Gazette of the Republic of Indonesia Year
2019 Number 1329);

DECIDING:
To stipulate : REGULATION OF THE MINISTER OF COMMUNICATION AND INFORMATION
ABOUT ELECTRONIC SYSTEM OPERATOR SCOPE
PRIVATE.

PIG
GENERAL REQUIREMENTS

article 1
In this Ministerial Regulation what is meant by:
1. Electronic Information is one or a collection of Data
Electronics, including but not limited to writing,
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 perforations that have been
processed that have meaning or can be understood by people
who can understand it.

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2. Electronic Document is any Electronic Information
created, forwarded, sent, received, or
stored in analog, digital, electromagnetic,
optical, or the like, which can be viewed, displayed,
and/or heard via computer or System
Electronics, including but not limited to writing,
sounds, pictures, maps, designs, photographs or the like,
letters, signs, numbers, access codes, symbols or perforations
which has meaning or meaning or can be understood by
someone who can understand it.
3. Electronic Data is data in electronic form which
not limited to text, sound, images, maps,
designs, photos, electronic data interchange (EDI), letters
electronic mail ( electronic mail ), telegram, telex, telecopy or
the like, letters, signs, numbers, access codes, symbols, or
perforation.
4. Electronic System is a series of devices and
electronic procedures that serve to prepare,
collect, process, analyze, store,
display, announce, transmit, and/or
disseminate Electronic Information.
5. Electronic System Operator is any person,
state administrators, business entities, and the community
providing, managing, and/or operating
Electronic Systems individually or
together with Electronic System Users
for his/her own needs and/or the needs of other parties.
6. Private Scope Electronic System Operators
hereinafter referred to as PSE Private Scope is
the operation of the Electronic System by persons, entities
business, and society.
7. PSE Private Scope of User Generated Content is PSE
Private Scope providing, serving,
uploading,

and/or

exchange

Information

Electronic and/or Electronic Documents are carried out
by Electronic System Users.

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8. Electronic System User is any person,
state administrators, business entities, and the community
that utilizes goods, services, facilities, or
information provided by the System Operator
Electronic.
9. Cloud Computing is a model of providing access
even network, easy, on demand
for a set of computing resources that can be
configurable together including network, server,
storage, applications, and services that can be
provided and released quickly and with power
minimal management or service provision interactions.
10. Cloud Computing Operator is PSE Scope
Private which provides, organizes, manages,
and/or operate Cloud Computing services.
11. Personal Data is any data about a good person
identified and/or identifiable
alone or in combination with other information
either directly or indirectly through
Electronic and/or non-electronic systems.
12. Electronic Transaction is a legal act which
carried out using a computer, network
computers, and/or other electronic media.
13. Ministry

or

Institution

is

agency

State Administrators in charge of supervising and
issue regulations for the sector.
14. Electronically Integrated Business Licensing
( Online Single Submission ) hereinafter referred to as OSS
is a business license issued by an institution
OSS for and on behalf of ministers, heads of institutions,
governor, or regent/mayor to business actors
through an integrated electronic system.
15. Termination of Access is an act of blocking access,
account closure and/or content removal.
16. Normalization is the process of restoring access to
Electronic systems that have been closed for access
back.

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17. Internet Access Service Provider ( Internet Service
Provider ) hereinafter abbreviated as ISP is
multimedia service providers that organize
internet access services to connect with
public internet network.
18. Traffic Data ( Traffic Data ) is Electronic Data
generated by the Electronic System regarding
Electronic Transactions that occur in the System
The electronics as part of the chain
communication with other Electronic Systems which includes
origin and destination of Electronic Transactions which include
telephone number, internet protocol address, or number
Similar identification used by PSE Scope
Private to identify System Users
Electronic, route ( route ) Electronic Transactions, time
start and end of Electronic Transactions, Data size
Electronics, a type of service from PSE Private Scope that
used by Electronic System Users, such as
e-mail, instant messaging service , or files
transfers .
19. Electronic System User Information ( Subscriber
Information ) is Electronic Data that is controlled or
managed by PSE Private Scope related to services
used by Electronic System Users who
includes information regarding the identity of the System User
Electronic, including the name of the Electronic System User
used in services on PSE Private Scope,
the residence address of the Electronic System User and
other addresses that identify the User's location
Electronic System at the time of registration or
using the Private Scope PSE service, number
identification used by System Users
Electronic to register services on PSE Scope
Private, such as email addresses and phone numbers, information
payments or bills issued by PSE
Private Scope to Electronic System Users
related equipment installation location, service duration.

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20. Communication Content is Electronic Information or
Electronic Documents sent, transmitted
or received by Electronic System Users through
Private Scope PSE services or services other than Traffic Data
Traffic ( Data Traffic ) and System User Information
Electronics ( Subscriber Information ).
21. Specific Personal Data is data and information
health,

data

biometrics,

data

genetics,

sexual life/orientation, political views, data
children, personal financial data, and/or other data
in accordance with the provisions of the legislation
invitation.
22. Law Enforcement Officials are officials from institutions
Law enforcement officers who are responsible for a
ongoing investigation, prosecution, trial
take place.
23. Law Enforcement Institutions are Ministries or
Institutions established by law
with the authority to conduct investigations, prosecutions,
or trial of a criminal offense regulated in
a law.
24. Contact Person is a liaison officer at PSE
Private Scope, Ministry or Institution, Institution
Law enforcement and judicial institutions in the context of
requests for access to Electronic Systems and Data
Electronic and application for Termination of Access.
25. Minister is the minister who organizes the affairs of
government in the field of communication and informatics.
26. Ministry

is

Ministry

that

carry out government affairs in the field of
communication and informatics.

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CHAPTER II
ELECTRONIC SYSTEM OPERATOR REGISTRATION
PRIVATE SCOPE

Part One
Private Scope Electronic System Operator Registration

Section 2
(1) Every Private Scope PSE is required to register.
(2) Private Scope PSE as referred to in paragraph (1)
include:
a. Electronic System Operator that is regulated or
supervised by the Ministry or Institution
based on the provisions of the legislation
invitation; and/or
b. Electronic System Operators who have
portal, site or online application via
internet used for:
1. provide,

manage,

and/or

offer

and/or

operate

trade in goods and/or services;
2. provide,

manage,

and/or

operate financial transaction services;
3. delivery of digital materials or content
paid through a data network either with
how to download via portal or site,
sending by electronic mail, or via
other applications to the System User's device
Electronic;
4. provide,

manage,

and/or

operate communication services including
but not limited to short messages,
voice call, video call, mail
electronics, and online conversations
in the form of digital platforms, network services
and social media;

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5. search engine service, provisioning service
Electronic information in the form of writing,
sound, picture, animation, music, video, film and
game or a combination of some and/or
or entirely; and/or
6. processing of Personal Data for activities
operational service to the community concerned
with Electronic Transaction activities.
(3) Obligation to register for PSE Scope
Private is done before the Electronic System starts
used by Electronic System Users.
(4) ISP registration as a Private Scope PSE
implemented through permits held
by the Ministry in accordance with the provisions of the regulations
legislation.
(5) The public can provide complaints/information
against Private Scope PSEs that do not do
registration obligation.

Article 3
(1) Private Scope PSE Registration as referred to
in Article 2 paragraph (1) is submitted to the Minister.
(2) Submission of PSE registration application for Private Scope
as referred to in paragraph (1) is carried out through
OSS, unless otherwise provided by the terms
legislation.
(3) Submission of application for registration as referred to in
referred to in paragraph (2) is carried out by filling in
registration form containing correct information
about:
a. general description of the operation of the Electronic System;
b. obligation to ensure information security
in accordance with the provisions of the legislation
invitation;
c. obligation to protect Personal Data
in accordance with the provisions of the legislation
invitation; and

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d. obligation to carry out System worthiness test
Electronics in accordance with regulatory provisions
legislation.
(4) Information on the general description of the operation
The Electronic System as referred to in paragraph (3)
letter a, consisting of:
a. name of Electronic System;
b. Electronic Systems sector;
c. uniform resource locator ( URL ) website ;
d. domain name system ( domain name system )
and/or the server's Internet Protocol ( IP ) address ;
e. description of the business model;
f.

brief description of Electronic System functions and Elektronik
Electronic System business processes;

g. information on Personal Data processed;
h. information on location of management, processing,
and/or Electronic System and Data storage
Electronic; and
i.

statement stating that the PSE Scope
Private guarantees and carries out obligations
granting access to Electronic Systems and
Electronic Data in order to ensure
effectiveness of supervision and law enforcement
in accordance with the provisions of the legislation
invitation.

(5) Excluded Private Scope PSE Registration
to register through OSS as
referred to in paragraph (2) is carried out by
convey the information as referred to in
paragraph (3) and paragraph (4) as well as conveying information that
true about:
a. name of legal entity, address of legal entity, form
legal entity, company deed and deed
last change;
b. tax ID number;
c. name, identification number, and registration number
telephone; and

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d. statement stating that the PSE Scope
Private

have

have

organize

activities

legality
attempted

Ministries or Institutions that have
authority in accordance with the provisions of the regulations
legislation as evidenced by
Related document.

Article 4
(1) Private Scope PSE Obligations to register
as referred to in Article 2 paragraph (1) also
applies to established Private Scope PSE
according to the law of another country or permanent domicile
in other countries but:
a. provide services within the territory of Indonesia;
b. doing business in Indonesia; and/or
c. The Electronic System is used and/or
offered in the territory of Indonesia.
(2) Private Scope PSE Registration as referred to
in paragraph (1) is done by filling out the form
registration containing information as
referred to in Article 3 paragraph (3) and Article 3 paragraph (4)
as well as correct information which includes:
a. Private Scope PSE identity;
b. identity of the company leader and/or identity
Person in charge;
c. domicile statement and/or deed of establishment
company ( certificate of incorporation) ;
d. the number of customers ( users ) from Indonesia; and
e. transaction value originating from Indonesia.
(3) Information as referred to in paragraph (2) letter c
submitted by attaching supporting documents
translated into Indonesian by
sworn translator.

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Article 5
Changes to registration information as

in
from

referred to in Article 3 paragraph (3), Article 3 paragraph (5), and Article 4
paragraph (2) must be reported to the Minister.

The second part
Issuance of Signs

Article 6
(1) Private Scope PSE registration certificate issued by the Minister
after the registration requirements as intended
in Article 2 to Article 5 it is stated
complete in accordance with this Ministerial Regulation and
placed on the Private Scope PSE list.
(2) Private Scope PSE List as referred to in
paragraph (1) is published on the website page managed by
Ministry.

Part Three
Imposition of Administrative Sanctions and Normalization

Article 7
(1) The Minister imposes administrative sanctions on PSE
Private Scope which:
a. did not register as
referred to in Article 2 and Article 4;
b. already have a registration mark but not
report changes to information
registration as referred to in Article 5;
c. not

give

information

registration

as referred to in Article 3 paragraph (3), Article
3 paragraph (4), and Article 4 paragraph (2) correctly.
(2) In the event that the Private Scope PSE does not perform
registration as referred to in paragraph (1) letter
a, the Minister shall impose administrative sanctions in the form of:
Termination of Access to Electronic Systems ( access
blocking ).

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(3) In the event that the Private Scope PSE already has a
register but not report changes to
registration information as referred to in paragraph
(1) letter b or not providing registration information
properly as referred to in paragraph (1)
letter c, the Minister gives administrative sanctions
in the form of:
a. written warning delivered by letter
electronic ( electronic mail ) and/or electronic media
other;
b. temporary suspension of Private Scope PSE
in case of not heeding written warning teguran
as referred to in paragraph (3) letter a;
c. Termination of Access to Electronic Systems
( access blocking ) and revocation of registration marks
Electronic System Operator in the case of PSE
Private Scope does not provide confirmation in
period of 7 (seven) days after termination
while as referred to in paragraph (3)
letter b.
(4) In the event that the Private Scope PSE has complied with
the registration provisions as referred to in
Article 2 to Article 5, the Minister performs
Normalization of disconnected Electronic Systems
access ( access blocking ) as referred to in
paragraph (2).
(5) In the event that the Private Scope PSE has
update registration information properly, Minister
carry out Normalization of Electronic Systems that
temporarily suspended as referred to in paragraph
(3) letter b.
(6) In the event that the Private Scope PSE has done
re-registration by providing information
registration correctly, the Minister performs
Normalization of disconnected Electronic Systems
access the Electronic System and the registration mark is revoked

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Electronic System Operators as
referred to in paragraph (3) letter c.

Article 8
(1) The Minister may impose administrative sanctions on
Private Scope PSE on request from
Ministry or Institution on the basis of violation
legislation in the field of Ministry
or Institutions that have the authority in accordance with
the provisions of the legislation.
(2) In the case of administrative sanctions given to
Private Scope PSE as referred to in paragraph (1)
is Termination of Access to Electronic Systems
( access blocking ), the Minister performs Normalization
based on the recommendation submitted by the Ministry
or Institutions on the basis of private PSE services
that have complied with the provisions of the legislation
invitation.

CHAPTER III
ELECTRONIC INFORMATION GOVERNANCE AND MODERATION
AND/OR ELECTRONIC DOCUMENTS

Part One
General

Article 9
(1) Private Scope PSE is responsible for
Electronic System operation and management
Electronic Information and/or Electronic Documents at
in the Electronic System reliably, safely, and
to be responsible.
(2) Private Scope PSEs are required to provide instructions
the use of services in Indonesian is appropriate
with statutory provisions.

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(3) Private Scope PSEs are required to ensure:
a. The Electronic System does not contain Information
Electronic and/or Electronic Documents that
prohibited; and
b. System

The electronics

not

facilitate

dissemination of Electronic Information and/or
Prohibited Electronic Documents.
(4) Electronic Information and/or Electronic Documents that
prohibited as referred to in paragraph (3) with
classification:
a. violate the provisions of the legislation
invitation;
b. troubling

Public

and

disturb

public order; and
c. tell how or provide access
on Electronic Information and/or Documents
Prohibited electronics.
(5) Electronic Information and/or Electronic Documents that
prohibited as referred to in paragraph (4) letter b
determined by the appropriate Ministry or Institution
with the provisions of laws and regulations.
(6) Private Scope PSE that does not perform its obligations
as referred to in paragraph (3) access is cut off
against the Electronic System ( access blocking ) according to
with the provisions in this Ministerial Regulation.

The second part
Obligations of Private Scope Electronic System Operators
User Generated Content

Article 10
(1) In order to fulfill the obligations as
referred to in Article 9 paragraph (3), Private Scope PSE
User Generated Content must:
a. have governance regarding Electronic Information
and/or Electronic Documents; and
b. provide reporting tools.

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(2) Governance as referred to in paragraph (1) letter a
at least contain the following provisions:
a. obligations and rights of Electronic System Users
in using Electronic System services;
b. obligations and rights of PSE Private Scope in
carry out Electronic System operations;
c. provisions regarding liability for
Electronic Information and/or Electronic Documents
uploaded by the Electronic System User; and
d. availability of facilities and services and solutions
complaint.
(3) The reporting facilities as referred to in paragraph (1)
letter b must be accessible to the public and used
for submitting complaints and/or reports on
Electronic Information and/or Electronic Documents that
prohibited contained in the Electronic System which
managed.
(4) Regarding complaints and/or reports on Information
Prohibited Electronic and/or Electronic Documents
as referred to in paragraph (3), PSE Scope
Mandatory private:
a. respond to complaints and/or
report to the complainant and/or
report;
b. conduct an independent examination of the complaint
and/or report and/or request verification
complaints and/or reports to the Minister and/or
Related Ministries or Institutions;
c. give notification to User
Electronic System regarding complaints and/or
reports on Electronic Information and/or
User-uploaded Electronic Documents
Electronic Systems; and
d. refuse complaints and/or reports if information
Electronic and/or Electronic Documents that
reported is not Electronic Information
and/or prohibited Electronic Documents.

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(5) Private Scope PSE that does not perform its obligations
as referred to in paragraph (1) and paragraph (4) shall be decided
access to its Electronic System ( access blocking )
in accordance with the provisions of this Ministerial Regulation.

Article 11
PSE Private Scope User Generated Content can be waived
from legal liability regarding Electronic Information
and/or prohibited Electronic Documents that
transmitted or distributed through the System
The electronics in terms of Private Scope PSE:
a. has carried out the obligations as referred to
in Article 9 paragraph (3) and Article 10;
b. providing Electronic System User Information
( Subscriber Information ) who uploads Information
Prohibited Electronic and/or Electronic Documents
in the context of supervision and/or law enforcement;
and
c. Termination of Access ( take down ) to
Electronic Information and/or Electronic Documents that
prohibited.

Part Three
Obligations of Cloud Computing Operators

Article 12
(1) In order to fulfill the obligations as
referred to in Article 9 paragraph (3), the Operator
Cloud Computing is required to have governance regarding
Electronic Information and/or Electronic Documents.
(2) Governance as referred to in paragraph (1) at least
slightly contains the following:
a. obligations and rights of service users of the Operator
Cloud Computing in using Computing
Cloud;

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b. obligations and rights of Cloud Computing Operators
in carrying out Cloud Computing operations;
and
c. provisions regarding user liability
Cloud Computing Operator services in terms of
store Electronic Information and/or
Electronic Documents on Cloud Computing.
(3) Cloud Computing Operators are required to provide
Electronic Information and/or Electronic Data regarding
Cloud Computing Provider service users who
controlled for the purposes of supervision and
law enforcement.

CHAPTER IV
ACCESS TERMINATION APPLICATION
ELECTRONIC INFORMATION AND/OR
PROHIBITED ELECTRONIC DOCUMENTS

Part One
General

Article 13
(1) Private Scope PSEs are required to terminate access
( take down ) on Electronic Information and/or
Prohibited Electronic Documents as
referred to in Article 9 paragraph (4).
(2) Obligation to terminate access ( take down )
as referred to in paragraph (1) includes
Termination of Access to Electronic Information
and/or Electronic Documents that can facilitate
dissemination of Electronic Information and/or Documents
Prohibited electronics.

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Article 14
(1) Application for Termination of Access to Information
Prohibited Electronic and/or Electronic Documents
as referred to in Article 13 can be submitted
by:
a. Public;
b. Ministry or Institution;
c. Law Enforcement Officials; and/or
d. judiciary.
(2) The application as referred to in paragraph (1) may
submitted via:
a. website (website) and/or application;
b. non-electronic mail; and/or
c. electronic mail (e- mail ).
(3) The application as referred to in paragraph (1)
urgent in terms of:
a. terrorism;
b. child pornography; or
c. content that disturbs the public and
disturb public order.

The second part
Requests for Termination of Access by the Community

Article 15
(1) Application for Termination of Access to Electronic Information
and/or Electronic Documents prohibited by
community as referred to in Article 14 paragraph
(1) letter a is submitted to:
a. The Ministry or Institution authorized to
Application for Termination of Access to:
1. Electronic Information and/or Documents
Prohibited electronics that are under
its authority; and/or
2. Electronic Information and/or Documents
Electronics that can facilitate access
Electronic Information and/or Documents

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Prohibited electronics that are under
his authority

based on

terms

laws and regulations, or
b. Minister for the application for Termination of Access
to:
1. Electronic Information and/or Documents
Prohibited electronics that are charged
pornography and/or gambling;
2. Electronic Information and/or Documents
Electronics that can facilitate access
Electronic Information and/or Documents
Prohibited electronics that are charged
pornography and/or gambling.
(2) Application for Termination of Access submitted by
the community as referred to in paragraph (1) at least
a little bit of information:
a. the identity of the applicant;
b. image or screenshot ( screen capture) that
displaying Electronic Information and/or
Prohibited Electronic Documents;
c. link or Uniform Resource Locator ( URL ) that
specifically refers to Electronic Information and/or
Prohibited Electronic Documents that
it is requested to have its access terminated; and
d. the reasons on which the application is based.
(3) The Ministry or Institution that receives the application
Termination of Access from the public as
referred to in paragraph (1) letter a submit
Application for Termination of Access to the Minister.
(4) The Minister ordered the Private Scope PSE to carry out
Termination of Access ( take down ) to Information
Prohibited Electronic and/or Electronic Documents
as referred to in paragraph (1).
(5) Termination of Access ( take down ) orders as
referred to in paragraph (4) shall be submitted by letter
electronic ( electronic mail ) or Electronic System
other.

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(6) Private Scope PSE ordered to perform
Termination of Access ( take down ) as intended
in paragraph (4) is obliged to terminate the access ( take)
down ) on Electronic Information and/or Documents
Prohibited electronics no later than 1 x 24 (one time)
twenty four) hours after the Termination warrant
Access ( take down ) is accepted.
(7) In the event that the Private Scope PSE does not implement
Termination of Access ( take down ) to Information
Prohibited Electronic and/or Electronic Documents
as referred to in paragraph (6), the Minister may
perform Termination of Access and/or order
ISP to perform Termination of Access to the System
The electronics

( access

block )

considering the reasons put forward by PSE P
Private Scope.
(8) Application for Termination of Access ( take down ) against
Electronic Information and/or Electronic Documents that
it is prohibited to be urgent as intended
in Article 14 paragraph (3), Private Scope PSE is obligatory
Termination of Access ( take down ) to
Electronic Information and/or Electronic Documents that
banned as soon as possible without the most delay
no later than 4 (four) hours after the warning is received.
(9) In the event that the Private Scope PSE does not implement
Termination of Access ( take down ) to Information
Prohibited Electronic and/or Electronic Documents
urgent in a period of no later than 4
(four) hours as referred to in paragraph (8),
The Minister may terminate access and/or
instructs the ISP to perform a Disconnection
against the Electronic System ( access blocking ) after
considering the reasons put forward by PSE P
Private Scope.

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(10) PSE Private Scope of User Generated Content that does not
carry out the Termination of Access ( take down ) of
Electronic Information and/or Electronic Documents that
prohibited as referred to in paragraph (6) and paragraph
(8) is subject to administrative sanctions in the form of fines
the amount is in accordance with the provisions of the regulations
legislation regarding state revenue
not tax.
(11) Sanctions as referred to in paragraph (10)
delivered through a letter of reprimand given
to PSE Private Scope for every 1 x 24 (one time
twenty four) hours for the provisions as
referred to in paragraph (6) and 1 x 4 (one time four) hours

after

for the provisions as referred to in paragraph (8)
with a maximum of
3 (three) times.
(12) In the case of PSE Private Scope of User Generated Content
do not do Termination of Access ( take down )
and/or not paying the fine as intended
in paragraph (10), the Minister may make Termination
Access and/or instruct the ISP to perform
Termination of Access to the Electronic System ( access
blocking ) after considering the reasons that
submitted by PSE Private Scope.

Part Three
Application for Termination of Access by Ministries or Agencies,
Law Enforcement Officials and Judicial Institutions

Article 16
(1) Related Ministries or Institutions coordinate with
Minister for Termination of Access to Electronic Information
and/or prohibited Electronic Documents
as referred to in Article 9 paragraph (4).

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(2) Law enforcement officers may request Termination of Access
Electronic Information and/or Electronic Documents that
prohibited as referred to in Article 9 paragraph (4)
to the Minister.
(3) The judiciary may order the Termination of
Access to Electronic Information and/or Documents
Prohibited electronics as referred to in
Article 9 paragraph (4) to the Minister.
(4) Termination of Access as referred to in paragraph (1),
paragraph (2), and paragraph (3) are submitted by the Ministry or
Institutions, Law Enforcement Officials or Institutions
Court by attaching at least:
a. official letter from the Ministry or Institution, Apparatus
Law Enforcement or letter of determination and/or/
court decisions from judicial institutions;
b. legal analysis of Electronic Information
and/or prohibited Electronic Documents;
c. image or screen capture showing yang
Electronic Information and/or Electronic Documents
prohibited; and
d. a specific link or link ( URL ) pointing to
Electronic Information and/or Electronic Documents
which is prohibited.
(5) The Minister ordered the Private Scope PSE to carry out
Termination of Access ( take down ) to Information
Prohibited Electronic and/or Electronic Documents.
(6) Access Termination Order ( take down ) as
referred to in paragraph (5) is submitted by letter
electronic ( electronic mail ) or Electronic System
other.
(7) Private Scope PSE ordered to perform
Termination of Access ( take down ) as intended
in paragraph (5) is obliged to terminate the access ( take)
down ) on Electronic Information and/or Documents
Prohibited electronics no later than 1 x 24 (one time)
twenty four) hours after the Termination warrant
Access ( take down ) is accepted.

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(8) In the event that the Private Scope PSE does not implement
Termination of Access ( take down ) to Information
Prohibited Electronic and/or Electronic Documents
as referred to in paragraph (7), the Minister
perform Termination of Access and/or order
ISP to perform Termination of Access to the System
Electronics ( access blocking ).
(9) Application for Termination of Access ( take down ) against
Electronic Information and/or Electronic Documents that
it is prohibited to be urgent as intended
in Article 14 paragraph (3), Private Scope PSE is obligatory
Termination of Access ( take down ) to
Electronic Information and/or Electronic Documents that
prohibited and/or Electronic Information and/or
Electronic Documents that can facilitate
Access to Electronic Information and/or Documents
Prohibited electronics as soon as possible without
no later than 4 (four) hours after the
warning received.
(10) Private Scope PSE that does not carry out Termination
Access ( take down ) as referred to in paragraph (9),
The Minister performs Termination of Access and/or
instructs the ISP to perform a Disconnection
against the Electronic System ( access blocking ).
(11) PSE Private Scope of User Generated Content that does not
carry out the Termination of Access ( take down ) of
Electronic Information and/or Electronic Documents that
prohibited as referred to in paragraph (7) and paragraph
(9) is subject to administrative sanctions in the form of fines
the amount is in accordance with the provisions of the regulations
legislation regarding state revenue
not tax.
(12) Sanctions as referred to in paragraph (11)
delivered through a letter of reprimand given
to PSE Private Scope for every 1 x 24 (one time
twenty four) hours for the provisions as
referred to in paragraph (7) and 1 x 4 (one time four) hours

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for the provisions as referred to in paragraph (9)
with a maximum of
3 (three) times.
(13) In the event that the Private Scope PSE does not perform
Termination of Access ( take down ) as intended
in paragraph (7) and paragraph (9) and/or not paying
the fine as referred to in paragraph (11), the Minister
perform Termination of Access and/or order
ISP to perform Termination of Access to the System
Electronics ( access blocking ).

Article 17
(1) Application for Termination of Access in writing from
Ministries or Institutions, Law Enforcement Officials,
and/or judicial institutions must be carried out by
Contact person.
(2) Provisions for Termination of Access as referred to
Article 15 and Article 16 do not apply to PSE
Private Scope of Cloud Computing Operators.

Part Four
The Role of Internet Access Service Providers
( Internet Service Providers )

Article 18
(1) ISPs are required to terminate access to the system
Electronic PSE Private Scope ( access blocking ) which
ordered by the Minister to cut off access
as referred to in Article 15 paragraph (6), paragraph (8),
and verse (12).
(2) Termination of Access ( access blocking ) as
referred to in paragraph (1) can only be carried out by
Minister.
(3) Termination of Access ( access blocking ) by the ISP as follows
referred to in paragraphs (1) and (2) shall be carried out by
established procedures, methods, and/or technology
by the Minister.

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(4) In the event that the ISP does not terminate the access
( access blocking ) as referred to in paragraph (1),
ISPs are subject to sanctions in accordance with the provisions of the regulations
legislation.

Article 19
(1) ISPs are required to show a landing page ( landing page )
in performing Termination of Access to the System
Electronics ( access blocking ) containing information
Prohibited Electronic and/or Electronic Documents
and/or facilitate the dissemination of Information
Prohibited Electronic and/or Electronic Documents.
(2) The landing page as referred to in
paragraph (1) does not contain Electronic Information and/or
Prohibited Electronic Documents and/or
offer products that are prohibited in accordance with
the provisions of the legislation.
(3) The landing page as referred to in
paragraphs (1) and (2) refer to the format listed
in the Appendix which is a part that does not
inseparable from this Ministerial Regulation.

Part Five
Normalization

Article 20
(1) Private Scope PSE which is cut off from access to the System
Electronic ( access blocking ) or Ministry or
Institutions can apply for Normalization
to the Minister.
(2) Application for Normalization by Private Scope PSE which
cut off access to the Electronic System ( access
blocking ) as referred to in paragraph (1) is submitted
by attaching:
a. written application letter;
b. the identity of the person in charge of the Electronic System and
contact number that can be reached;

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c. scanned owner's identity card and/or
the person in charge of the Electronic System;
d. image or screen capture and link or link
(URL) which proves that the Electronic System
no longer contains Electronic Information and/or
Prohibited Electronic Documents;
e. letter of recommendation from the Ministry or Institution,
Law Enforcement Officials, or court decisions
which has permanent legal force; and
f.

other evidence that supports the legitimacy as
PSE Private Scope.

(3) Application for Normalization by the Ministry or
The institution as referred to in paragraph (1) shall be submitted
through a written application.
(4) The Minister follows up on the application for Normalization which
meet the requirements as referred to in
paragraph (2) and paragraph (3) within a maximum period of 2x24 (two
times twenty four) hours.
(5) The Minister has the authority to reject the application for Normalization
to Electronic Systems whose access has been cut off
( access blocking ) more than 3 (three) times.

CHAPTER V
GIVING ACCESS TO ELECTRONIC SYSTEMS
AND/OR ELECTRONIC DATA FOR PURPOSES
CRIMINAL LAW SUPERVISION AND ENFORCEMENT

Part One
General

Article 21
(1) Private Scope PSEs are required to provide access to
Electronic Systems and/or Electronic Data to
Ministries or Institutions in the context of supervision
in accordance with statutory regulations.

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(2) Private Scope PSEs are required to provide access to
Electronic Systems and/or Electronic Data to
Law Enforcement Officials in the context of law enforcement
in accordance with statutory regulations.
(3) Procedures for granting access to Electronic Systems
and/or Electronic Data for Interest
Supervision and Law Enforcement are carried out in accordance with
with the provisions in the second and third parts
in this Ministerial Regulation.

The second part
Procedures for Granting Access to Electronic Systems
and/or Electronic Data for Monitoring Purposes

Article 22
(1) Granting of access as referred to in Article 21
carried out on request by the Ministry
or Law Enforcement Agencies and Apparatus.
(2) The procedure for requesting access as referred to
in paragraph (1) regulates aspects which include:
a.

the scope of authority of the Ministry or
Institutions in the implementation of supervision and/or
law enforcement in accordance with regulatory provisions
legislation

that

Becomes

its authority;
b.

the intent and purpose and importance of the request
access to Electronic Systems and/or Data
Electronic;

c.

the classification of the type of access required is appropriate
with the aims and objectives and interests
access requests;

d.

Data owner rights protection mechanism
Personal and third party interests
on access to Electronic Systems and/or
Electronic Data requested by the Ministry
or Institution;

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e.

access request fulfillment period
against Electronic Systems and/or Data
Electronics by PSE Private Scope;

f.

period of use of access to the System
Electronic and/or Electronic Data by
Ministry or Institution;

g.

requests for access to Electronic Systems
and/or Electronic Data in urgent condition
or emergency that needs to be given by PSE immediately
Private Scope;

h.

Contacts from relevant Ministries or Institutions
can request access to
Electronic System and/or Electronic Data.

Article 23
(1) The request for access as referred to in Article
21 paragraph (1) submitted to PSE Private ScopeSE
in writing based on the assessment ( assessment )
in the interests of supervision and proportionality as well as
the legality of the aspects as referred to in Article
22.
(2) The scope or type of Electronic System and/or
Electronic Data upon access request as
referred to in paragraph (1) is based on the provisions of
laws and regulations that form the basis
the authority of the Ministry or Institution in question.

Article 24
Access to Electronic Systems and/or Electronic Data
given by PSE Private Scope to the Ministry
or Institutions can only be used for the benefit of
supervision specified in the request as
referred to in Article 23 paragraph (1).

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Article 25
(1) Private Scope PSE must appoint at least
a contact person domiciled in the region
Indonesia in charge of facilitating requests
access to Electronic Systems and/or Data
Electronic submitted by the Ministry or
Institution.
(2) The contact person as referred to in paragraph (1)
accept requests for access to Electronic Systems
and/or Electronic Data from Contact Persons who have
determined by the Ministry or Institution and
submitted to PSE Private Scope.

Article 26
(1) Private Scope PSE provides access to Data
Electronics requested by Ministries or Agencies
in the event that the request is submitted
officially to the PSE Private Scope Contact Person.
(2) Request for access to Electronic Data as
referred to in paragraph (1) must attach:
a. basic authority of the Ministry or Institution;
b. the intent and purpose and importance of the request;
and
c. a specific description of the type of Electronic Data that
requested.

Article 27
The request as referred to in Article 26 is fulfilled
by PSE Private Scope within no later than 5 (five)
calendar days since the request is submitted by
Contact Ministry or Institution.

Article 28
(1) Access to Electronic Data requested by
Ministries or Agencies can be provided through
link ( link ), application created by PSE Scope

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Private, or other means agreed between
Ministries or Institutions and Private Scope PSE.
(2) Use of access for surveillance purposes
carried out within a period of time as needed and
can be accounted for.
(3) Granting access to the requested Electronic Data
by the Ministry or Institution as intended
in paragraph (1) can be implemented through the provision of
Electronic Data to Ministry Contacts or
The institution in question.

Article 29
(1) Private Scope PSE provides access to the System
Electronics requested by Ministries or Agencies
in the event that the request is submitted
officially to the PSE Private Scope Contact Person.
(2) Request for access to Electronic Systems
as referred to in paragraph (1) must
attach:
a. basic authority of the Ministry or Institution;
b. the intent and purpose and importance of the request;
c. specific description of the Electronic System that
requested;
d. officials from the Ministry or Institution who will
access the requested Electronic System.
(3) Ministries or Agencies may request assistance
technical or other necessary assistance to PSE
Private Scope in the use of access to the System
Electronic.
(4) Granting access to Electronic Systems that
requested by the Ministry or Institution as
referred to in paragraph (1) can be implemented through
provision of inspection or audit results on the System
Electronics whose scope of inspection or
the audit is requested by the Ministry or Institution.

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Article 30
(1) Access to Electronic Systems submitted by
Private Scope PSE is limited and confidential.
(2) Access to Electronic Systems can only be
used by Ministry or Institution officials atau
as specified in Article 29 paragraph (1).
(3) The granting of access to the Electronic System must
protect and protect:
a. integrity, availability and confidentiality of the Data
Electronic;
b. reliability and security of Electronic Systems; and
c. Personal Data stored, transmitted, or
processed in the Electronic System.

Article 31
The request as referred to in Article 29 is fulfilled
by PSE Private Scope within no later than 5 (five)
calendar days since the request is submitted by
Contact Ministry or Institution.

Part Three
Granting Access to Electronic Systems and/or Data
Electronics for the Purpose of Criminal Law Enforcement

Article 32

basic

(1) Private Scope PSE provides access to Data
Electronics to Law Enforcement Officials for
the interests of investigation, prosecution, or trial
criminal acts within the jurisdiction of the Unitary State
Republic of Indonesia.
(2) The criminal acts referred to in paragraph (1) are
criminal acts that are punishable by a criminal
imprisonment for a minimum of 2 (two) years.

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Article 33
(1) Private Scope PSE provides access to the System
Electronics to Law Enforcement Officials for
the interests of investigation, prosecution, or trial
criminal acts within the jurisdiction of the Unitary State
Republic of Indonesia.
(2) The criminal act as referred to in paragraph (1)
is a criminal offense whose punishment is in the form of:
imprisonment:
a. a minimum of 5 (five) years;
b. under 5 (five) years but not under 2
(two) years as long as it gets stipulation from
district court in which jurisdiction?
Law Enforcement Officials have jurisdiction.

Article 34
In the event that the Private Scope PSE manages,
processing, and/or storage of Electronic Data or
Electronic Systems outside the territory of Indonesia, PSE Scope
Private provides access to Electronic Data or
Electronic System for the purposes as intended
in Article 32 and Article 33 related:
a. Indonesian population; or
b. Business Entity established under the law
Indonesia.

Article 35
Access to Electronic Systems and/or Electronic Data
provided by PSE Private Scope as
referred to in Article 32 and Article 33 can only
used for the purposes of investigation, prosecution,
the trial mentioned in the request that
submitted by Law Enforcement Officials.

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Article 36
(1) Private Scope PSE provides access to Data
Traffic ( data traffic ) and System User Information
Electronics ( Subscriber Information ) requested by
Law Enforcement Officials in the event of the request
officially submitted to the PSE Contact Person
Private Scope.
(2) Request for access to Electronic Data as
referred to in paragraph (1) must attach:
a. basis of authority of Law Enforcement Apparatus;
b. the intent and purpose and importance of the request;
c. a specific description of the type of Electronic Data that
requested;
d. criminal acts that are being investigated, prosecuted, or
tried.
(3) Private Scope PSE provides access to Content
Communications requested by Law Enforcement Officials
in the event that the request is submitted
official to PSE Private Scope.
(4) Requests for access to Communication Content
as referred to in paragraph (3) must
attach:
a. basis of authority of Law Enforcement Apparatus;
b. the intent and purpose and importance of the request;
c. a specific description of the type of Electronic Data that
requested;
d. criminal acts that are being investigated, prosecuted, or
tried;
e. stipulation letter from the head of the domestic district court
which area is the Law Enforcement Institution
have authority.
(5) Private Scope PSE provides access to Data
Specific Personal Requested by the Enforcement Apparatus
The law in the event that the request is submitted
based on the provisions as referred to in
paragraph (4).

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Article 37
The request as referred to in Article 36 is fulfilled
by PSE Private Scope within no later than 5 (five)
calendar days since the request is submitted by
Contact Person for Law Enforcement Institutions.

Article 38
(1) Access to Electronic Data requested by
Law Enforcement Officers can be provided via the link
(link), applications made by PSE Private Scope, or
other ways agreed between Law Enforcement Apparatus
and Private Scope PSE.
(2) Use of access for law enforcement purposes
carried out within a reasonable period of time and can
accounted for.
(3) Granting access to the requested Electronic Data
by Law Enforcement Officials as intended
in paragraph (1) can be implemented through the provision of
Electronic Data to Enforcement Institution Contact Persons
The law in question.

Article 39
(1) Private Scope PSE provides access to the System
Electronics requested by Law Enforcement Officials
in the event that the request is submitted
officially to the PSE Private Scope Contact Person.
(2) Requests for access to Electronic Systems by
Law Enforcement Officials as referred to in
paragraph (1) must attach:
a. basis of authority of Law Enforcement Apparatus;
b. the intent and purpose and importance of the request;
c. specific description of the Electronic System that
requested;
d. criminal acts that are being investigated, prosecuted, or
tried;
e. Law Enforcement Officers who will access the System
requested electronics;

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f. stipulation letter from the head of the domestic district court
which area is the Law Enforcement Institution
have authority.
(3) Law Enforcement Officials may request technical assistance
or other necessary assistance to PSE Scope
Private in the use of access to the System
Electronic.
(4) Granting access to Electronic Systems that
requested by Law Enforcement Officials as
referred to in paragraph (1) can be implemented through
provision of inspection or audit results on the System
Electronics whose scope of inspection or
the audit is requested by the Law Enforcement Apparatus.

Article 40
(1) Access to Electronic Systems submitted by
Private Scope PSE is limited and confidential.
(2) Access to Electronic Systems can only be
used by Law Enforcement Officials as
specified in Article 39 paragraph (1).
(3) Requests for access to Electronic Systems must be
protect and protect:
a. integrity, availability and confidentiality of the Data
Electronic;
b. reliability and security of Electronic Systems; and
c. Personal Data stored, transmitted, or
processed in the Electronic System.

Article 41
The request as referred to in Article 39 is granted
by PSE Private Scope within no later than 5 (five)
calendar days since the request is submitted by
Contact Person for Law Enforcement Institutions.

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Article 42
(1) Cloud Computing Operators are required to provide Access
against Electronic Systems and/or Electronic Data
in the context of law enforcement as intended
in Article 21 paragraph (2).
(2) The obligation to grant access as referred to
in paragraph (1) only for the purposes of emergency situations
related:
a. terrorism;
b. child pornography;
c. trafficking in persons (human trafficking) ;
d. organized crime; and/or
e. emergency situations that threaten life and injury
physical,
in accordance with statutory regulations.
(3) The obligation to grant access as referred to
in paragraph (1) and paragraph (2) are fulfilled no later than 5 (five)
calendar days from the date of application from the Apparatus
Law Enforcement accepted.

Part Four
Track Record of Access to Electronic Systems and/or
Electronic Data for Monitoring Purposes and
Criminal Law Enforcement

Article 43
(1) Private Scope PSEs are required to have an audit track record
regarding the use of access to Electronic Systems
carried out by the Ministry or Institution.
(2) Private Scope PSE can conduct an assessment
( assessment ) regarding the impact of using access
against Electronic Systems by the Ministry or
Institution against:
a. the quality of services provided by PSE Private Scope
to Users of the Electronic System;
b. Protection of Personal Data from System Users
The electronics; and/or

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c. fulfillment of Private Scope PSE obligations that
regulated in laws and regulations
Indonesia.
(3) Use of access for surveillance purposes
carried out within a reasonable period of time and can
accounted for.

Article 44
(1) Private Scope PSEs are required to have an audit track record
regarding the use of access to Electronic Systems
by Law Enforcement Officials.
(2) Private Scope PSE can conduct an assessment
( assessment ) regarding the impact of using access
against Electronic Systems by Law Enforcement Officials
to:
a. the quality of services provided by PSE Private Scope
to Users of the Electronic System;
b. Protection of Personal Data from System Users
The electronics; and/or
c. fulfillment of Private Scope PSE obligations that
regulated in laws and regulations
Indonesia.
(3) Use of access for law enforcement purposes
carried out within a reasonable period of time and can
accounted for.

Part Five
Imposition of Administrative Sanctions

Article 45
(1) In the event that the Private Scope PSE does not provide Access
as referred to in Article 21, the Ministry of
or Institutions and Law Enforcement Officials can
report it to the Minister.
(2) The report as referred to in paragraph (1)
submitted in writing or electronically by
attach related information and documents

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as referred to in this Ministerial Regulation
according to surveillance or enforcement needs
law is carried out.
(3) The Minister imposes administrative sanctions on PSE
Private Scope that does not:
a. provide access to Ministries or Agencies
or Law Enforcement Officials as regulated
in Article 21;
b. have an audit track record as stipulated in
Article 43 paragraph (1) and Article 44 paragraph (1).
(4) Administrative sanctions as referred to in paragraph
(3) in the form of:
a. written warning;
b. temporary suspension;
c. Termination of Access; and/or
d. revocation of System Operator Registration Certificate
Electronic.
(5) The administrative sanctions as referred to in paragraph
(4) submitted by electronic mail ( electronic mail )
and/or other electronic media.

Article 46
(1) In the event that the Cloud Computing Operator does not
provide Access as referred to in Article
12 paragraph (3) and Article 42, Law Enforcement Officials may
report it to the Minister.
(2) The report as referred to in paragraph (1)
submitted in writing or electronically by
attach related information and documents
as referred to in this Ministerial Regulation
in accordance with the needs of law enforcement
done.
(3) The Minister imposes administrative sanctions on
Cloud Computing Providers that do not:
a. provide access to law enforcement officers
as regulated in Article 42;

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b. have an audit track record as stipulated in
Article 43 paragraph (1) and Article 44 paragraph (1).
(4) Administrative sanctions as referred to in paragraph
(3) in the form of:
a. written warning; and/or
b. revocation of System Operator Registration Certificate
Electronic.
(5) The administrative sanctions as referred to in paragraph
(4) submitted by electronic mail ( electronic mail )
and/or other electronic media.

CHAPTER VI
TRANSITIONAL TERMS

Article 47
Private Scope PSE as regulated in this Ministerial Regulation
required to register within a maximum period of
no later than 6 (six) months after this Ministerial Regulation comes into force.

CHAPTER VII
CLOSING

Article 48
At the time this Ministerial Regulation comes into force:
a. Regulation of the Minister of Communication and Information Technology No
19 of 2014 concerning Handling Internet Sites
Negatively Charged (State Gazette of the Republic of Indonesia
2014 Number 1003); and
b. Regulation of the Minister of Communication and Information Technology No
36 of 2014 concerning Procedures for Registration
Electronic System Operator (State Gazette of the Republic of Indonesia)
Indonesia Year 2014 Number 1432),
revoked and declared invalid.

Article 49
This Ministerial Regulation comes into force on the
invited.

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For everyone to know, command
promulgation of this Ministerial Regulation with its placement penempatan
in the State Gazette of the Republic of Indonesia.

Set in Jakarta
on November 16, 2020

MINISTER OF COMMUNICATION AND INFORMATION
REPUBLIC OF INDONESIA,

signed.

JOHNNY GERARD PLATE

Promulgated in Jakarta
on November 24, 2020

DIRECTOR GENERAL
LEGISLATION
MINISTRY OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

signed.

WIDODO EKATJAHJANA

STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2020 NUMBER 1376
Copies match the original
Ministry of Communication and Informatics
Electronically signed
by:
HEAD OF LAW FIRM

Bertiana Sari

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ATTACHMENT
REGULATION OF THE MINISTER OF COMMUNICATION AND
INFORMATION OF THE REPUBLIC OF INDONESIA
NUMBER 5 YEAR 2020
ABOUT THE MANAGEMENT GOVERNANCE
ELECTRONIC SYSTEM PRIVATE SCOPE

DELIVERY PAGE ( LANDING PAGE )

