The Internet massively grows in Indonesia. Recently-launched data states that the internet users have reached above 50 percent of total Indonesia population. It indicates that electronic activities are also escalating, and it definitely needs to be regulated. Therefore, the Ministry of Communication and Informatics enacted Ministerial Regulation Number 36 of 2014 regarding Procedures of Electronic System Operator Registration.
The Ministerial Regulation Number 36 of 2014 is pursuant to Article 5 verse (5) of Government Regulation Number 82 of 2012 regarding Electronic System and Transaction Operation. The Article regulates the obligation for electronic system operator to register before a particular system is used widely by public. The Ministry of Communication and Informatics is exclusively appointed the registration authority.
Government Regulation Number 82 of 2012 divides the electronic system operator into two categories: electronic system operator for public service and electronic system operator for non-public service. Registering the electronic system operator for public service is mandatory; while registering the electronic system operator for non-public service is voluntarily.
Furthermore, regulated in Ministerial Regulation Number 36 of 2014, the electronic system operator for public service includes state institutions such as state agencies and/or government agencies and/or working units in state institutions; corporates such as state-owned companies and/or regional state-owned companies and/or working units in the corporates; independent bodies established by law and/or working units in the independent bodies; other legal entities that perform public service functions.
Ministerial Regulation Number 36 of 2014 specifies kinds of electronic systems that should be registered. Those electronic systems are:
- Website or online application which is used for facilitating the goods and services bidding and/or trading;
- Electronic system which contains online payment facility and/or other online financial transactions through data or internet communication;
- Electronic system which is used for electronic information processing contains or requires money deposit or other methods equal to money;
- Electronic system which is used for data storage, management or processing related to a public service facility for financial transaction and trading activities dealing with customers data;
- Electronic system which is used for the distribution of paid digital content through data network by downloading, email, or other applications connected to users’ gadget.
There are 3 (three) steps of electronic system operator registration as stipulated in Regulation 36/2014. All steps are conducted via online in https://pste.kominfo.go.id. Those steps are as explained below:
First step, filling out the registration form. The electronic system operator submits the registration form to the Director General related to informatics application c.q. the Director related to e-commerce. The electronic system operator is allowed to register more than one electronic system at once. In case of the electronic system related to other administration and supervision institutions, the registration only can be conducted after all related permit procedures have been fulfilled.
Second step, completing the required documents. Pursuant to the Ministerial Regulation Number 36 of 2014, the required documents for entity registrar are the latest certificate of company registration, the latest certificate of domicile, identity card of supervisor, tax registration number, profile of electronic system operator, technical description of electronic system, and website domain name.
Meanwhile for individual registrar, the required documents are the latest certificate of domicile (if available), identity card of supervisor, tax registration number, profile of electronic system operator, technical description of electronic system, and website domain name.
All the submitted documents will be verified a maximum of ten days since the registration accepted. After the verification process, the Director related to e-commerce will reject the registration if the required documents are incomplete.
Third step, activating the registration code. If the required documents are complete, the Director related to e-commerce will activate the Registration Code within 3 (three) days subsequent to the verification process. The Registration Code will be published on the Official List of Electronic System Operator. Every 5 (five) years, the Registration Code shall be renewed following the same registration procedure.
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