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REGULATION OF THE MINISTER OF COMMUNICATION AND INFORMATICS OF THE REPUBLIC OF


INDONESIA
NUMBER 5 OF 2020
ON
ELECTRONIC SYSTEM PROVIDER IN THE PRIVATE SECTOR

BY THE GRACE OF GOD ALMIGHTY

THE MINISTER OF COMMUNICATION OF AND INFORMATICS OF THE REPUBLIC OF INDONESIA,

Considering:
that in order to fulfill the regulatory needs in the organization of electronic system in the private sector, as
well as to implement the provisions of Article 5 paragraph (3), Article 6 paragraph (4), Article 97 paragraph
(5), Article 98 paragraph (4), and Article 101 of Regulation of the Government Number 71 of 2019 on the
Organization of Electronic Systems and Transactions, it has been deemed necessary to establish Regulation
of the Minister of Communication and Informatics on Electronic System Provider in the Private Sector.

Observing:
1. Article 17 paragraph (3) of the 1945 Constitution of the Republic of Indonesia;
2. Law Number 39 of 2008 on State Ministry (State Gazette of the Republic of Indonesia of 2008 Number
166, Supplement to the State Gazette of the Republic of Indonesia Number 4916);
3. Regulation of the Government Number 71 of 2019 on the Organization of Electronic Systems and
Transactions (State Gazette of the Republic of Indonesia of 2019 Number 185, Supplement to the
State Gazette of the Republic of Indonesia Number 6400);
4. Regulation of the President Number 54 of 2015 on the Ministry of Communication and Informatics
(State Gazette of the Republic of Indonesia of 2015 Number 96);
5. Regulation of the Minister of Communication and Informatics Number 6 of 2018 on the Organization
and Work Procedures of the Ministry of Communication and Informatics (Official Gazette of the
Republic of Indonesia of 2018 Number 1019);
6. Regulation of the Minister of Communication and Informatics Number 13 of 2019 on the Organization
of Telecommunication Services (Official Gazette of the Republic of Indonesia of 2019 Number 1329);

HAS DECIDED:

To establish:
REGULATION OF THE MINISTER OF COMMUNICATION AND INFORMATICS ON ELECTRONIC
SYSTEM PROVIDER IN THE PRIVATE SECTOR.

CHAPTER I
GENERAL PROVISIONS

Article 1

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Under this Regulation of the Minister the following definitions are employed:
1. Electronic Information is one or a set of Electronic Data, including but not limited to text, sound, image,
map, design, photo, electronic data interchange (EDI), electronic mail, telegram, telex, telecopy or the
like, letter, sign, number, access code, symbol, or perforation which has been processed and has
meaning or may be understood by people who are able to understand it.
2. Electronic Document is any electronic information that is made, forwarded, sent, received, or stored in
analog, digital, electromagnetic, optical, or similar forms, which may be seen, displayed and/or heard
through a computer or Electronic System including but not limited to text, sound, image, map, design,
photo or the like, letter, sign, number, access code, symbol, or perforation which has meaning or
significance or may be understood by the people who are able to understand it.
3. Electronic Data is data in electronic form which is not limited to text, sound, image, map, design,
photo, electronic data interchange (EDI), electronic mail, telegram, telex, telecopy or the like, letter,
sign, number, access code, symbol, or perforation.
4. Electronic System is a series of electronic procedures and devices that serve to prepare, collect,
process, analyze, store, display, announce, send, and/or disseminate Electronic Information.
5. Electronic System Provider is any person, state administration, business entity, and the community
who provide, organize, and/or operate Electronic System individually or jointly to Subscribers for their
own needs and/or the needs of other parties.
6. Electronic System Provider (Penyelenggara Sistem Elektronik) in the Private Sector, from this point
onward is referred to as PSE in the Private Sector, is the organization of Electronic System by a
person, business entity, and the community.
7. User Generated Content PSE in the Private Sector is PSE in the Private Sector of which the provision,
presentation, uploading, and/or exchange of Electronic Information and/or Electronic Document is
conducted by Subscribers.
8. Subscriber (Pengguna Sistem Elektronik) is any person, state administration, business entity, and the
community who utilizes goods, services, facilities, or information provided by Electronic System
Providers.
9. Cloud Computing is a model of providing equitable, easy, on-demand network access for a set of
computational resources that can be configured together, including networks, servers, storage, apps,
and services that can be provided and released quickly and with minimum management power or
service provision interactions.
10. Cloud Computing Provider is PSE in the Private Sector who provide, organize, manage, and/or
operate Cloud Computing services.
11. Personal Data is any data on a person which are either identified and/or may be identified individually
or combined with other information both directly and indirectly through an Electronic System and/or a
non-electronic system.
12. Electronic Transaction is a legal action carried out using computers, computer networks, and/or other
electronic media.
13. Ministry or Agency is a State Administration Institution responsible to supervise and issue regulations
in their sectors.
14. Electronically Integrated Business Licensing (Online Single Submission), from this point onward is
referred to as OSS, is business licensing issued by the OSS agency for and behalf of a minister, head
of an agency, governor, or regent/mayor to business actors through an integrated electronic system.
15. Access Blocking is an act of blocking access, closing accounts and/or deleting content.
16. Normalization is the process of restoring access to an Electronic System that has been closed so that
it can be accessed again.
17. Internet Service Provider, from this point onward is referred to as ISP, is multimedia service provider
that organize internet access services to connect to public internet networks.

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18. Traffic Data is Electronic Data generated by an Electronic System regarding Electronic Transaction
that occurs within the Electronic System as part of a chain of communication with another Electronic
System which includes the origin and destination of Electronic Transaction and includes telephone
numbers, internet protocol addresses, or similar identification number used by a PSE in the Private
Sector to identify Subscriber, Electronic Transaction route, start and end time of Electronic
Transactions, size of Electronic Data, types of services from PSE in the Private Sector used by
Subscriber, such as e-mail, instant messaging service, or file transfer.
19. Subscriber Information is Electronic Data controlled or managed by PSE in the Private Sector related
to services used by Subscriber which includes information about the identity of the Subscriber,
including the name of the Subscriber used in services of PSE in the Private Sector, residential address
of the Subscriber and other addresses that identify the location of the Subscriber when registering or
using PSE in the Private Sector’s services, identification number used by Subscriber to register
services on PSE in the Private Sector, such as e-mail addresses and telephone numbers, information
on payment or invoice issued by PSE in the Private Sector to Subscriber regarding the location of
equipment installation, duration of service.
20. Communication Content is the Electronic Information or Electronic Document sent, transmitted or
received by the Subscriber through PSE in the Private Sector’s services other than Traffic Data and
Subscriber Information.
21. Specific Private Data is health data and information, biometric data, genetic data, sexual
life/orientation, political views, children's data, personal financial data, and/or other data in accordance
with the provisions of laws and regulations.
22. Law Enforcement Apparatus is official from Law Enforcement Institution that is responsible for an
ongoing investigation, prosecution, trial.
23. Law Enforcement Institution is the Ministry or Agency established based on a law with the authority to
conduct investigation, prosecution, or trial for a criminal act which is regulated under a law.
24. Contact Person is the liaison officer at PSE in the Private Sector, Ministry or Agency, Law Enforcement
Institution and judicial institutions regarding requests for access to Electronic System and Electronic
Data and Access Blocking applications.
25. Minister is the minister in charge of government affairs in the communication and informatics sector.
26. Ministry is the ministry in charge of government affairs in the communication and informatics sector.

CHAPTER II
REGISTRATION OF ELECTRONIC SYSTEM PROVIDER IN PRIVATE SECTOR

Division One
Registration of Electronic System Provider in Private Sector

Article 2
(1) Every PSE in Private Sector is required to register.
(2) PSE in Private Sector as referred to in paragraph (1) includes:
a. Electronic System Provider which is regulated or supervised by the Ministry or Agency based on
the provisions of laws and regulations; and/or
b. Electronic System Provider which has online portals, sites, or apps through the internet used
for:
1. providing, managing, and/or operating the offer and/or trade of goods and/or services;

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2. providing, managing, and/or operating financial transaction services;


3. delivering paid digital material or content through data network either by downloading
through a portal or website, delivery through electronic mail, or through other apps to the
Subscriber’s device;
4. providing, managing, and/or operating communication services, including but not limited
to short messages, voice calls, video calls, electronic mail, and online conversations in
the form of digital platforms, networking services and social media;
5. search engine services, services for providing Electronic Information in the form of text,
sound, image, animation, music, video, film and game or a combination of part and/or all
of them; and/or
6. processing Private Data for public service operational actives related to Electronic
Transaction activities.
(3) The obligation to register for PSE in the Private Sector shall be conducted before the Electronic
System is used by Subscribers.
(4) Registration of ISP as PSE in the Private Sector shall be conducted through licensing organized by the
Ministry in accordance with the provisions of laws and regulations.
(5) The community may submit complaints/information regarding PSE in the Private Sector that does not
carry out the obligation to register.

Article 3
(1) Registration of PSE in the Private Sector as referred to in Article 2 paragraph (1) shall be submitted to
the Minister.
(2) The submission of application for the registration of PSE in the Private Sector as referred to in
paragraph (1) shall be conducted through the OSS, unless otherwise stipulated by the provisions of
laws and regulations.
(3) The submission of registration application as referred to in paragraph (2) shall be conducted by filling
in the registration form that contains correct information regarding:
a. general description of the operation of Electronic System;
b. obligation to ensure information security in accordance with the provisions of laws and
regulations;
c. obligation to perform Personal Data protection in accordance with the provisions of laws and
regulations; and
d. obligation to perform Electronic System feasibility test in accordance with the provisions of laws
and regulations.
(4) Information regarding general description of the operation of Electronic System as referred to in
paragraph (3) letter a, shall consist of:
a. name of the Electronic System;
b. sector of the Electronic System;
c. uniform resource locator (URL) of the website;
d. domain name system and/or Internet Protocol (IP) server address;
e. description of business model;
f. brief description of Electronic System’s function and Electronic System’s business process;
g. information about the processed Personal Data;

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h. information on the location of management, processing and/or storage of Electronic System and
Electronic Data; and
i. a statement declaring that the PSE in the Private Sector guarantees and implements the
obligation to provide access to Electronic System and Electronic Data in order to ensure the
effectiveness of supervision and law enforcement in accordance with the provisions of laws and
regulations.
(5) Registration of the PSE in the Private Sector that is exempted from carrying out registration through
the OSS as referred to in paragraph (2) shall be conducted by submitting information as referred to in
paragraph (3) and paragraph (4) as well as submitting correct information regarding:
a. name of legal entity, address of legal entity, form of legal entity, company deed and deed of
recent amendments;
b. taxpayer identification number;
c. name, national identity number and telephone number; and
d. statement declaring that the PSE in the Private Sector has legality in carrying out business
activities from the Ministry or Agency that has the authority in accordance with the provisions of
laws and regulations as proven by related documents.

Article 4
(1) The obligation of PSE in the Private Sector to register as referred to in Article 2 paragraph (1) shall
also apply to PSE in the Private Sector that is established based on the law of another country or that
permanently domicile in another country but:
a. provide services in the territory of Indonesia;
b. engages in business in Indonesia; and/or
c. its Electronic System are used and/or offered in the territory of Indonesia.
(2) The registration of PSE in the Private Sector as referred to in paragraph (1) shall be conducted by
filling in registration form that contains the information as referred to in Article 3 paragraph (3) and
Article 3 paragraph (4) as well as correct information which encompasses:
a. identity of the PSE in the Private Sector;
b. identity of the company head and/or identity of the person-in-charge;
c. domicile information and/or certificate of incorporation;
d. number of users in Indonesia; and
e. value of transactions originating from Indonesia.
(3) Information as referred to in paragraph (2) letter c shall be submitted by enclosing supporting
documents that are translated into Indonesian language by a sworn translator.

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

Division Two
Issuance of Registration Certificate

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Article 6
(1) Registration certificate of PSE in the Private Sector shall be issued by the Minister after the
registration requirements as referred to in Article 2 to Article 5 have been deemed complete in
accordance with this Regulation of the Minister and is recorded in the list of PSE in the Private Sector.
(2) The list of PSE in the Private Sector as referred to in paragraph (1) shall be posted on the website
page managed by the Ministry.

Division Three
Imposition of Administrative Sanction and Normalization

Article 7
(1) The Minister shall impose administrative sanctions to PSE in the Private Sector that:
a. do not register as referred to in Article 2 and Article 4;
b. has obtained a registration certificate but do not report changes to registration information as
referred to in Article 5;
c. do not submit registration information as referred to in Article 3 paragraph (3), Article 3
paragraph (4), and Article 4 paragraph (2) correctly.
(2) In the event that PSE in the Private Sector do not register as referred to in paragraph (1) letter a, the
Minister shall impose an administrative sanction in the form of Electronic System Access Blocking.
(3) In the event that PSE in the Private Sector has obtained a registration certificate but do not report
changes to registration information as referred to in paragraph (1) letter b or do not submit registration
information as referred to in paragraph (1) letter c, the Minister shall impose administrative sanctions
in the form of:
a. written reprimand sent through electronic mail and/or other electronic media;
b. temporary suspension of PSE in the Private Sector in terms of not heeding the written
reprimand as referred to in paragraph (3) letter a;
c. Electronic System Access Blocking and revocation of Electronic System Provider Certificate in
the event that PSE in the Private Sector failed to provide confirmation within 7 (seven) days
after the temporary suspension as referred to in paragraph (3) letter b.
(4) In the event that PSE in the Private Sector has fulfilled the registration provisions as referred to in
Article 2 to Article 5, the Minister shall carry out Normalization to the Electronic System which access
has been blocked as referred to in paragraph (2).
(5) In the event that PSE in the Private Sector has updated registration information correctly, the Minister
shall carry out Normalization to the Electronic System which is temporarily suspended as referred to in
paragraph (3) letter b.
(6) In the event that PSE in the Private Sector has reregister by submitting registration information
correctly, the Minister shall carry out Normalization to the Electronic System which access has been
blocked and Electronic System Provider certificate has been revoked as referred to in paragraph (3)
letter c.

Article 8
(1) The Minister may impose administrative sanction to PSE in the Private Sector based on an application
from the Ministry or Agency on the basis of violating laws and regulations in the sector the Ministry or
Agency that holds the authority in accordance with the provisions of laws and regulations.

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(2) In the event that the administrative sanction imposed to PSE in the Private Sector as referred to in
paragraph (1) is Electronic System Access Blocking, the Minister shall carry out Normalization based
on the submission of recommendation from the Ministry or Agency on the basis of PSE in the Private
Sector’s services that have satisfied the provisions of laws and regulations.

CHAPTER III
GOVERNANCE AND MODERATION OF ELECTRONIC INFORMATION AND/OR ELECTRONIC
DOCUMENT

Division One
General

Article 9
(1) PSE in the Private Sector shall be responsible for the organization of Electronic System and
management of Electronic Information and/or Electronic Document in the Electronic System in a
reliable, safe, and responsible manner.
(2) PSE in the Private Sector must provide user guidelines in Indonesian language in accordance with the
provisions of laws and regulations.
(3) PSE in the Private Sector must ensure that:
a. their Electronic System do not contain prohibited Electronic Information and/or Electronic
Document; and
b. their Electronic System do not facilitate the dissemination of prohibited Electronic Information
and/or Electronic Document.
(4) Prohibited Electronic Information and/or Electronic Document as referred to in paragraph (3) have the
following classification:
a. violate the provisions of laws and regulations;
b. agitate the community and disturb public order; and
c. inform how or provide access to prohibited Electronic Information and/or Electronic Document.
(5) Prohibited Electronic Information and/or Electronic Document as referred to in paragraph (4) letter b
shall be determined by the Ministry or Agency in accordance with the provisions of laws and
regulations.
(6) PSE in the Private Sector that does not fulfill the obligations as referred to in paragraph (3) shall have
their access to Electronic System blocked in accordance with the provisions in this Regulation of the
Minister.

Division Two
Obligations of User Generated Content Electronic System Provider in the Private Sector

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

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b. provide reporting tools.


(2) The governance as referred to in paragraph (1) letter a shall at least contain the following provisions:
a. obligations and rights of Subscribers in using Electronic System services;
b. obligation and rights of PSE in the Private Sector in operating Electronic System;
c. provisions regarding accountability toward Electronic Information and/or Electronic Document
uploaded by Subscribers; and
d. availability of facilities and services as well as settlement of complaints.
(3) Reporting tools as referred to in paragraph (1) letter b shall be accessible by the community and used
to file complaints and/or reports on prohibited Electronic Information and/or Electronic Document
which are contained in the Electronic System that they manage.
(4) Toward the complaints and/or reports on prohibited Electronic Information and/or Electronic Document
as referred to in paragraph (3), PSE in the Private Sector must:
a. provide response to complaints and/or reports to the complaining and/or reporting parties;
b. conduct independent examination of complaints and/or reports and/or request verification of
complaints and/or reports to the Minister and/or the related Ministry or Agency;
c. provide notification to Subscriber regarding complaints and/or reports on Electronic Information
and/or Electronic Document uploaded by a Subscriber; and
d. reject complaints and/or reports if the Electronic Information and/or Electronic Document
reported are not prohibited Electronic Information and/or Electronic Document.
(5) PSE in the Private Sector that does not fulfill the obligations as referred to in paragraph (1) and
paragraph (4) shall have their access to Electronic System blocked in accordance with the provisions
in this Regulation of the Minister.

Article 11
User Generated Content PSE in the Private Sector may be exempted from the legal responsibility regarding
prohibited Electronic Information and/or Electronic Document that is transmitted or distributed through their
Electronic System in the event that PSE in the Private Sector:
a. have fulfilled the obligations as referred to in Article 9 paragraph (3) and Article 10;
b. provide Subscriber Information that uploaded the prohibited Electronic Information and/or Electronic
Document for supervision and/or law enforcement purposes; and
c. perform the Access Blocking (take down) of prohibited Electronic Information and/or Electronic
Document.

Division Three
Obligations of Cloud Computing Provider

Article 12
(1) In order to fulfill the obligations as referred to in Article 9 paragraph (3), Cloud Computing Provider
must have governance regarding Electronic Information and/or Electronic Document.
(2) The governance as referred to in paragraph (1) shall at least contain the following:
a. obligation and rights of Cloud Computing Provider’s service user in using Cloud Computing;
b. obligation and rights of Cloud Computing Provider in operating Cloud Computing;

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c. provisions regarding the accountability of Cloud Computing Provider’s service user in storing
Electronic Information and/or Electronic Document in the Cloud Computing.
(3) Cloud Computing Provider must provide Electronic Information and/or Electronic Document regarding
the Cloud Computing Provider’s service user in their possession for supervision and law enforcement
purposes.

CHAPTER IV
APPLICATION FOR ACCESS BLOCKING OF PROHIBITED ELECTRONIC INFORMATION AND/OR
ELECTRONIC DOCUMENT

Division One
General

Article 13
(1) PSE in the Private Sector must perform the Access Blocking (take down) of prohibited Electronic
Information and/or Electronic Document as referred to in Article 9 paragraph (4).
(2) Obligation to perform the Access Blocking (take down) as referred to in paragraph (1) including the
Access Blocking of Electronic Information and/or Electronic Document that can facilitate the
dissemination of prohibited Electronic Information and/or Electronic Document.

Article 14
(1) Application for the Access Blocking of prohibited Electronic Information and/or Electronic Document as
referred to in Article 13 may be submitted by:
a. the community;
b. Ministry or Agency;
c. Law Enforcement Apparatus; and/or
d. judiciary institution.
(2) The application as referred to in paragraph (1) may be submitted through:
a. website and/or apps;
b. non-electronic mail; and/or
c. electronic mail.
(3) The application as referred to in paragraph (1) is deemed to be urgent in the event of:
a. terrorism;
b. child pornography; or
c. contents that agitate the community and disturb public order.

Division Two
Access Blocking Application by the Community

Article 15

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(1) Application for the Access Blocking of prohibited Electronic Information and/or Electronic Document by
the community as referred to in Article 14 paragraph (1) letter a shall be submitted to:
a. authorized Ministry or Agency, for Access Blocking application toward:
1. prohibited Electronic Information and/or Electronic Document under their authority; and/or
2. Electronic Information and/or Electronic Document that can facilitate the accessing of
prohibited Electronic Information and/or Electronic Document under their authority based
on the provisions of laws and regulations; or
b. Minister, for Access Blocking application toward:
1. prohibited Electronic Information and/or Electronic Document containing pornographic
and/or gambling content;
2. Electronic Information and/or Electronic Document that can facilitate the accessing of
prohibited Electronic Information and/or Electronic Document containing pornographic
and/or gambling content.
(2) Access Blocking application submitted by the community as referred to in paragraph (1) shall at least
contain the following information:
a. applicant’s identity;
b. image or screen capture that shows the prohibited Electronic Information and/or Electronic
Document;
c. link or Uniform Resource Locator (URL) specifically pointing to the prohibited Electronic
Information and/or Electronic Document being applied for Access Blocking; and
d. reasons for the application.
(3) Ministry or Agency that receives the Access blocking application from the community as referred to in
paragraph (1) letter a shall submit the Take Down application to the Minister.
(4) The Minister shall order PSE in Private Sector to perform the Access Blocking (take down) of
prohibited Electronic Information and/or Electronic Document as referred to in paragraph (1).
(5) The Access Blocking (take down) order as referred to in paragraph (4) shall be sent through electronic
mail or other Electronic System.
(6) PSE in Private Sector that is ordered to perform the Access Blocking (take down) as referred to in
paragraph (4) must perform the Access Blocking (take down) of prohibited Electronic Information
and/or Electronic Document by no later than 24 (twenty-four) hours after the letter of Access Blocking
(take down) order is received.
(7) In the event that the PSE in Private Sector does not implement the Access Blocking (take down) of
prohibited Electronic Information and/or Electronic Document as referred to in paragraph (6), the
Minister may perform the Take Down and/or order ISP to perform the Access Blocking to their
Electronic System after considering the reasons submitted by the PSE in Private Sector.
(8) Application for the Access Blocking (take down) of prohibited Electronic Information and/or Electronic
Document that is deemed urgent as referred to in Article 14 paragraph (3), PSE in Private Sector must
perform the Access Blocking (take down) of prohibited Electronic Information and/or Electronic
Document immediately without delay by no later than 4 (four) hours after the warning is received.
(9) In the event that the PSE in Private Sector does not implement the Access Blocking (take down) of
prohibited Electronic Information and/or Electronic Document that is deemed urgent within a maximum
period of 4 (four) hours as referred to in paragraph (8), the Minister may perform the Access Blocking
and/or order ISP to perform the Access Blocking to their Electronic System after considering the
reasons submitted by the PSE in Private Sector.
(10) User Generated Content PSE in Private Sector that does not implement the Access Blocking (take
down) of prohibited Electronic Information and/or Electronic Document as referred to in paragraph (6)
and paragraph (8) shall be subject to administrative sanction in the form of fines, the amount of which

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shall be in accordance with the provisions of laws and regulations regarding non-tax state revenues.
(11) The sanction as referred to in paragraph (10) shall be notified through a reprimand letter delivered to
PSE in Private Sector every 24 (twenty-four) hours for the provision as referred to in paragraph (6) and
every 4 (four) hours for the provision as referred to in paragraph (8) with a maximum number of
reprimand letter given 3 (three) times.
(12) In the event that User Generated Content PSE in Private Sector do not perform the Access Blocking
(take down) and/or pay the fines as referred to in paragraph (10), the Minister may perform the Access
Blocking and/or order ISP to perform the Access Blocking to their Electronic System after considering
the reasons submitted by the PSE in Private Sector.

Division Three
The Submission of Access Blocking by Ministry or Agency, Law Enforcement Apparatus and
Judiciary Institution

Article 16
(1) Related Ministry or Agency shall coordinate with the Minister for the Access Blocking of prohibited
Electronic Information and/or Electronic Document as referred to in Article 9 paragraph (4).
(2) Law enforcement apparatus may request the Access Blocking of prohibited Electronic Information
and/or Electronic Document as referred to in Article 9 paragraph (4) to the Minister.
(3) Judiciary institutions may order the Access Blocking of prohibited Electronic Information and/or
Electronic Document as referred to in Article 9 paragraph (4) to the Minister.
(4) The Access Blocking as referred to in paragraph (1), paragraph (2), and paragraph (3) shall be
submitted by the Ministry or Agency, Law Enforcement Apparatus or Judiciary Institution by enclosing
at least:
a. official letter from the Ministry or Agency, Law Enforcement Apparatus or letter of court ruling
and/or decision from judiciary institution;
b. legal analysis on the prohibited Electronic Information and/or Electronic Document;
c. image or screen capture that shows the prohibited Electronic Information and/or Electronic
Document; and
d. link or Uniform Resource Locator (URL) specifically pointing to the prohibited Electronic
Information and/or Electronic Document.
(5) The Minister shall order PSE in Private Sector to perform the Access Blocking (take down) of
prohibited Electronic Information and/or Electronic Document.
(6) The order to perform the Access Blocking (take down) as referred to in paragraph (5) shall be sent
through electronic mail or other Electronic System.
(7) PSE in Private Sector that is ordered to perform the Access Blocking (take down) as referred to in
paragraph (4) must perform the Access Blocking (take down) of prohibited Electronic Information
and/or Electronic Document by no later than 24 (twenty-four) hours after the letter of Access Blocking
(take down) order is received.
(8) In the event that the PSE in Private Sector does not perform the Access Blocking (take down) of
prohibited Electronic Information and/or Electronic Document as referred to in paragraph (6), the
Minister may perform the Access Blocking and/or order ISP to perform the Access Blocking to their
Electronic System.
(9) Application for the Access Blocking (take down) of prohibited Electronic Information and/or Electronic
Document that is deemed urgent as referred to in Article 14 paragraph (3), PSE in Private Sector must
perform the Access Blocking (take down) of prohibited Electronic Information and/or Electronic

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Document and/or Electronic Information and/or Electronic Document that may facilitate the accessing
of prohibited Electronic Information and/or Electronic Document immediately without delay by no later
than 4 (four) hours after the warning is received.
(10) PSE in Private Sector who fail to implement the Access Blocking (take down) as referred to in
paragraph (9), the Minister may perform the Access Blocking and/or order ISP to perform the Access
Blocking to their Electronic System.
(11) User Generated Content PSE in Private Sector that does not implement the Access Blocking (take
down) of prohibited Electronic Information and/or Electronic Document as referred to in paragraph (7)
and paragraph (9) shall be subject to administrative sanction in the form of fines, the amount of which
shall be in accordance with the provisions of laws and regulations regarding non-tax state revenues.
(12) The sanction as referred to in paragraph (11) shall be notified through a reprimand letter delivered to
PSE in Private Sector every 24 (twenty-four) hours for the provision as referred to in paragraph (7) and
every 4 (four) hours for the provision as referred to in paragraph (9) with a maximum number of
reprimand letter given 3 (three) times.
(13) In the event that PSE in Private Sector does not perform the Access Blocking (take down) as referred
to in paragraph (7) and paragraph (9) and/or pay the fines as referred to in paragraph (11), the
Minister may perform the Access Blocking and/or order ISP to perform the Access Blocking to their
Electronic System.

Article 17
(1) The submission of Access Blocking in writing by Ministry or Agency, Law Enforcement Apparatus
and/or Judiciary Institution shall be conducted through the Contact Person.
(2) Provisions on the Access Blocking as referred to in Article 15 and Article 16 shall be exempted for
Cloud Computing Provider PSE in Private Sector.

Division Four
Roles of Internet Service Providers

Article 18
(1) ISP must perform the Access Blocking to the Electronic System of PSE in Private Sector which is
ordered by the Minister to have their access blocked as referred to in Article 15 paragraph (6),
paragraph (8), and paragraph (12).
(2) The Access Blocking as referred to in paragraph (1) can only be carried out by the Minister.
(3) The Access Blocking by ISP as referred to in paragraph (1) and paragraph (2) shall be carried out
using the procedures, method, and/or technology determined by the Minister.
(4) In the event that ISP does not perform the Access Blocking as referred to in paragraph (1), ISP shall
be subject to sanctions in accordance with the provisions of the laws and regulations.

Article 19
(1) ISP must display a landing page in performing the Access Blocking of Electronic System containing
prohibited Electronic Information and/or Electronic Document and/or that facilitate the dissemination of
prohibited Electronic Information and/or Electronic Document.
(2) Landing page as referred to in paragraph (1) shall not contain prohibited Electronic Information and/or
Electronic Document and/or offer prohibited products in accordance with the provisions of the laws
and regulations.

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(3) Landing page as referred to in paragraph (1) paragraph (2) shall refer to the format listed in the
Appendix which is an integral part of this Regulation of the Minister.

Division Five
Normalization

Article 20
(1) PSE in Private Sector which access to Electronic System is blocked or Ministry or Agency may submit
Normalization application to the Minister.
(2) Normalization application by PSE in Private Sector which access to Electronic System is blocked as
referred to in paragraph (1) shall be submitted by enclosing:
a. written application letter;
b. identity of the person-in-charge of Electronic System and contact number that can be reached;
c. scan results of the identity card of the owner and/or person-in-charge of Electronic System;
d. image or screen capture and a link or URL that proves that the Electronic System no longer
contains prohibited Electronic Information and/or Electronic Document;
e. letter of recommendation from the Ministry or Agency, Law Enforcement Apparatus, or a court
decision that has permanent legal force; and
f. other evidence supporting its legitimacy as a PSE in the Private Sector.
(3) Normalization application by Ministry or Agency as referred to in paragraph (1) shall be submitted
through a written application letter.
(4) The Minister shall follow up the Normalization application that meet the requirements as referred to in
paragraph (2) and paragraph (3) within a maximum period of 48 (forty-eight) hours.
(5) The Minister is authorized to reject Normalization application for Electronic System of that has its
access blocked for more than 3 (three) times.

CHAPTER V
THE GRANTING OF ACCESS TO ELECTRONIC SYSTEM AND/OR ELECTRONIC DATA FOR
SUPERVISION AND CRIMINAL LAW ENFORCEMENT PURPOSES

Division One
General

Article 21
(1) PSE in Private Sector must grant access to Electronic System and/or Electronic Data to the Ministry or
Agency for supervision purposes in accordance with the laws and regulations.
(2) PSE in Private Sector must grant access to Electronic System and/or Electronic Data to the Law
Enforcement Apparatus for law enforcement purposes in accordance with the laws and regulations.
(3) Procedures for the granting of access to Electronic System and/or Electronic Data for Supervision and
Law Enforcement purposes shall be implemented in accordance with the provisions in division two and
division three of this Regulation of the Minister.

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Division Two
Procedures for the Granting of Access to Electronic System and/or Electronic Data for Supervision
Purposes

Article 22
(1) The granting of access as referred to in Article 21 shall be conducted based upon request from
Ministry or Agency and Law Enforcement Apparatus.
(2) Procedures for the granting of access as referred to in paragraph (1) shall regulate the following
aspects:
a. scope of authority of the Ministry or Agency in the implementation of supervision and/or law
enforcement in accordance with the provisions of laws and regulations that are under their
authority;
b. purposes and objectives as well as interests of the request for access to Electronic System
and/or Electronic Data;
c. classification of the type of access needed in accordance with the purposes and objectives as
well as interests of the request for access;
d. mechanisms to protect the rights of owners of Personal Data and the interests of third parties for
access to Electronic System and/or Electronic Data requested by the Ministry or Agency;
e. period for fulfilling requests for access to Electronic System and/or Electronic Data by PSE in
the Private Sector;
f. period of use of access to Electronic System and/or Electronic Data by the Ministry or Agency;
g. request for access to Electronic System and/or Electronic Data in urgent or emergency
conditions that need to be immediately granted by the PSE in the Private Sector;
h. Contact Person from the Ministry or Agency who can submit requests for access to Electronic
System and/or Electronic Data.

Article 23
(1) Request for access as referred to in Article 21 paragraph (1) shall be submitted to PSE in the Private
Sector in writing based on the assessment of supervision purpose and proportionality as well as
legality of the aspects as referred to in Article 22.
(2) Scope or type of Electronic System and/or Electronic Data on the request for access as referred to in
paragraph (1) shall be based on the provisions of laws and regulations that become the basis of the
relevant Ministry or Agency’s authority.

Article 24
Access to Electronic System and/or Electronic Data granted by PSE in the Private Sector to the Ministry or
Agency may only be used for supervision purposes listed in the request as referred to in Article 23 paragraph
(1).

Article 25
(1) PSE in the Private Sector shall appoint at least one Contact Person who is domiciled within Indonesia
who has the duty to facilitate the request for access to Electronic System and/or Electronic Data
submitted by the Ministry or Agency.
(2) Contact Person as referred to in paragraph (1) shall receive the request for access to Electronic

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System and/or Electronic Data from the Contact Person that has been determined by the Ministry or
Agency and shall be delivered to the PSE in the Private Sector.

Article 26
(1) PSE in the Private Sector shall grant access to Electronic Data requested by Ministry or Agency in the
event that that request is submitted officially to Contact Person of PSE in the Private Sector.
(2) Request for access to Electronic Data as referred to in paragraph (1) shall enclose:
a. basis of authority of the Ministry or Agency;
b. purposes and objectives as well as interest of the request; and
c. specific description of the type of Electronic Data requested.

Article 27
Request as referred to in Article 26 shall be fulfilled by PSE in the Private Sector within a maximum period of
5 (five) calendar days from the date the request is delivered by the Ministry or Agency’s Contact Person.

Article 28
(1) Access to Electronic Data requested by the Ministry or Agency may be granted through links, apps
made by PSE in the Private Sector, or other means that are agreed upon by Ministry or Agency and
PSE in the Private Sector.
(2) The use of access for supervision purposes shall be conducted in the period in accordance with the
need and that can be accounted for.
(3) The granting of access to the Electronic Data requested by the Ministry or Agency as referred to in
paragraph (1) can be carried out through the provision of Electronic Data to the relevant Ministry or
Agency’s Contact Person.

Article 29
(1) PSE in the Private Sector shall grant the access to Electronic System requested by Ministry or Agency
in the event that said request is submitted officially to the Contact Person of PSE in the Private Sector.
(2) Request for access to Electronic System as referred to in paragraph (1) shall be enclosed with:
a. basis of authority of the Ministry or Agency;
b. purposes and objectives as well as interest of the request;
c. specific description of the type of Electronic System requested;
d. officials from the Ministry or Agency who will access the requested Electronic System.
(3) Ministry or Agency may request for technical assistance or other assistance needed to PSE in the
Private Sector in the use of access to Electronic System.
(4) The granting of access to Electronic System requested by Ministry or Agency as referred to in
paragraph (1) can be implemented through the provision of results of examination or audit of
Electronic System in which the scope of examination or audit is requested by Ministry or Agency.

Article 30
(1) Access to Electronic System submitted by PSE in the Private Sector shall be limited and confidential.

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(2) Access to Electronic System may only be used by the officials of the Ministry or Agency as determined
in Article 29 paragraph (1).
(3) The granting of access to Electronic System shall maintain and protect:
a. integrity, availability, and confidentiality of Electronic Data;
b. reliability and security of Electronic System; and
c. Personal Data stored, transmitted, or processed in the Electronic System.

Article 31
Request as referred to in Article 29 shall be fulfilled by PSE in the Private Sector within a maximum period of
5 (five) calendar days from the date the request is submitted by Ministry or Agency’s Contact Person.

Division Three
Procedures for the Granting of access to Electronic System and/or Electronic Data for Criminal Law
Enforcement Purpose

Article 32
(1) PSE in the Private Sector shall grant access to Electronic Data to Law Enforcement Apparatus for
investigation, prosecution, or trial of criminal acts within the jurisdiction of the Republic of Indonesia.
(2) Criminal acts as referred to in paragraph (1) are criminal acts in which the criminal punishment is in
the form of imprisonment for a minimum of 2 (two) years.

Article 33
(1) PSE in the Private Sector shall grant access to Electronic System to Law Enforcement Apparatus for
investigation, prosecution, or trial of criminal acts within the jurisdiction of the Republic of Indonesia.
(2) Criminal acts as referred to in paragraph (1) are criminal acts in which the criminal punishment is in
the form of imprisonment:
a. for a minimum of 5 (five) years;
b. below 5 (five) years but must not be below 2 (two) years as long as it has obtained a ruling from
the district court within the jurisdiction where the Law Enforcement Apparatus has jurisdiction.

Article 34
In the event that PSE in the Private Sector carried out management, processing and/or storing of Electronic
Data or Electronic System outside of the territory of Indonesia, PSE in the Private Sector shall grant the
access to Electronic Data or Electronic System for the interests as referred to in Article 32 and Article 33
related to:
a. residents of Indonesia; or
b. Business Entity established based on Indonesian law.

Article 35
Access to Electronic System and/or Electronic Data granted by PSE in the Private Sector as referred to in
Article 32 and Article 33 may only be used for investigation, prosecution, or trial purposes listed in the
request submitted by Law Enforcement Apparatus.

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Article 36
(1) PSE in the Private Sector shall grant access to Traffic Data and Subscriber Information requested by
Law Enforcement Apparatus in the event that that request is submitted officially to Contact Person of
PSE in the Private Sector.
(2) Request for access to Electronic Data as referred to in paragraph (1) shall enclose:
a. basis of authority of Law Enforcement Apparatus;
b. purposes and objectives as well as interest of the request;
c. specific description of the type of Electronic Data requested;
d. criminal acts that are investigated, prosecuted, or in trial.
(3) PSE in the Private Sector shall grant access to Communication Content requested by Law
Enforcement Apparatus in the event that the said request is submitted officially to PSE in the Private
Sector.
(4) Request for access to Communication Content as referred to in paragraph (3) shall enclose;
a. basis of authority of Law Enforcement Apparatus;
b. purposes and objectives as well as interest of the request;
c. specific description of the type of Electronic Data requested;
d. criminal acts that are investigated, prosecuted, or in trial;
e. letter of determination from the head of the district court in the area where the Law Enforcement
Institution has authority.
(5) PSE in the Private Sector shall grant access to Specific Personal Data requested by Law Enforcement
Apparatus in the event that the said request is submitted based on the provisions as referred to in
paragraph (4).

Article 37
Requests as referred to in Article 36 shall be fulfilled by PSE in the Private Sector within a maximum period
of 5 (five) calendar days from the date said request is submitted by the Contact Person of Law Enforcement
Institution.

Article 38
(1) Access to Electronic Data requested by Law Enforcement Apparatus may be granted through link,
apps made by PSE in the Private Sector, or other means that are agreed upon between Law
Enforcement Apparatus and PSE in the Private Sector.
(2) The use of access for law enforcement purposes shall be conducted within a reasonable period of
time and can be accounted for.
(3) The granting of access to Electronic Data requested by Law Enforcement Apparatus as referred to in
paragraph (1) may be conducted through the provision of Electronic Data to the Contact Person of
relevant Law Enforcement Institution.

Article 39
(1) PSE in the Private Sector shall grant access to Electronic System requested by Law Enforcement
Apparatus in the event that the said request is submitted officially to Contact Person of PSE in the
Private Sector.

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(2) Request for access to Electronic Data as referred to in paragraph (1) shall enclose:
a. basis of authority of Law Enforcement Apparatus;
b. purposes and objectives as well as interest of the request;
c. specific description of the type of Electronic Data requested;
d. criminal acts that are investigated, prosecuted, or in trial;
e. Law Enforcement Apparatus who will access the Electronic System requested;
f. letter of determination from the head of the district court in the area where the Law Enforcement
Institution has authority.
(3) Law Enforcement Apparatus may request for technical assistance or other assistance needed to PSE
in the Private Sector in the use of access to Electronic System.
(4) The granting of access to Electronic System requested by Law Enforcement Apparatus as referred to
in paragraph (1) can be implemented through the provision of results of examination or audit of
Electronic System in which the scope of examination or audit is requested by Law Enforcement
Apparatus.

Article 40
(1) Access to Electronic System submitted by PSE in the Private Sector shall be limited and confidential.
(2) Access to Electronic System may only be used by the officials of the Law Enforcement Apparatus as
determined in Article 39 paragraph (1).
(3) Request for access to Electronic System shall maintain and protect:
a. integrity, availability, and confidentiality of Electronic Data;
b. reliability and security of Electronic System; and
c. Personal Data stored, transmitted, or processed in the Electronic System.

Article 41
Request as referred to in Article 39 shall be granted by PSE in the Private Sector within a maximum period of
5 (five) calendar days from the date said request is submitted by the Contact Person of Law Enforcement
Institution.

Article 42
(1) Cloud Computing Provider must grant access to Electronic System and/or Electronic Data for law
enforcement purposes as referred to in Article 21 paragraph (2).
(2) The obligation to grant access as referred to in paragraph (1) is only for the purpose of emergency
situations relating to:
a. terrorism;
b. child pornography;
c. human trafficking;
d. organized crime; and/or
e. emergency situations that are life-threatening and physical injury,
in accordance with the provisions of laws and regulations.
(3) The obligation of the granting of Access as referred to in paragraph (1) and paragraph (2) shall be

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fulfilled by no later than 5 (five) calendar days from the date of the application from the Law
Enforcement Apparatus is received.

Division Four
Track Record of Access to Electronic System and/or Electronic Data for Supervision and Criminal
Law Enforcement Purposes

Article 43
(1) PSE in the Private Sector must have audit track record regarding the use of access to Electronic
System conducted by a Ministry or Agency.
(2) PSE in the Private Sector may assess the impact of use of access to Electronic System conducted by
the Ministry or Agency on:
a. quality of services provided by PSE in the Private Sector to its Subscriber;
b. protection of Personal Data of its Subscriber; and/or
c. fulfillment of obligations of PSE in the Private Sector regulated under Indonesian laws and
regulations.
(3) The use of access for supervision purposes shall be conducted within a reasonable period of time and
can be accounted for.

Article 44
(1) PSE in the Private Sector must have audit track record regarding the use of access to Electronic
System conducted by Law Enforcement Apparatus.
(2) PSE in the Private Sector may assess the impact of the use of access to Electronic System conducted
by the Law Enforcement Apparatus to:
a. quality of services provided by PSE in the Private Sector to its Subscriber;
b. protection of Personal Data of its Subscriber; and/or
c. fulfillment of obligations of PSE in the Private Sector regulated in Indonesian laws and
regulations.
(3) The use of access for law enforcement purposes shall be conducted within a reasonable period of
time and can be accounted for.

Division Five
Imposition of Administrative Sanctions

Article 45
(1) In the event that PSE in the Private Sector does not grant Access as referred to in Article 21, Ministry
or Agency as well as Law Enforcement Apparatus may report it to the Minister.
(2) Report as referred to in paragraph (1) shall be submitted in writing or electronically by enclosing
related information and documents as referred to in this Regulation of the Minister in accordance with
the needs of the supervisions or law enforcement implemented.
(3) The Minister shall impose administrative sanctions to PSE in the Private Sector that do not:
a. grant access to Ministry or Agency or Law Enforcement Apparatus as regulated in Article 21;

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b. have audit track record as regulated in Article 43 paragraph (1) and Article 44 paragraph (1).
(4) Administrative sanctions as referred to in paragraph (3) shall be in the form of:
a. written reprimand;
b. temporary suspension;
c. Access Blocking; and/or
d. revocation of Electronic System Provider Registration Certificate.
(5) Administrative sanction as referred to in paragraph (4) shall be delivered through electronic mail
and/or other electronic media.

Article 46
(1) In the event that Cloud Computing Provider does not grant the Access as referred to in Article 12
paragraph (3) and Article 42, Law Enforcement Apparatus may report it to the Minister.
(2) Report as referred to in paragraph (1) shall be submitted in writing or electronically by enclosing
related information and documents as referred to in this Regulation of the Minister in accordance with
the needs of law enforcement implemented.
(3) The Minister shall impose administrative sanctions to Cloud Computing Provider that does not:
a. grant access to Law Enforcement Apparatus as regulated in Article 42;
b. have audit track record as regulated in Article 43 paragraph (1) and Article 44 paragraph (1).
(4) Administrative sanctions as referred to in paragraph (3) shall be in the form of:
a. written reprimand;
b. revocation of Electronic System Provider Registration Certificate.
(5) Administrative sanction as referred to in paragraph (4) shall be delivered through electronic mail
and/or other electronic media.

CHAPTER VI
TRANSITIONAL PROVISION

Article 47
PSE in the Private Sector regulated in this Regulation of the Minister must register within a maximum period
of 6 (six) months from the enforcement of this Regulation of the Minister.

CHAPTER VII
CLOSING PROVISIONS

Article 48
At the time this Regulation of the Minister comes into force:
a. Regulation of the Minister of Communication and Informatics Number 19 of 2014 on the Handling of
Internet Websites Containing Negative Content (Official Gazette of the Republic of Indonesia of 2014
Number 1003); and
b. Regulation of the Minister of Communication and Informatics Number 36 of 2014 on Procedures for

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the Registration of Organizers of Electronic Systems (Official Gazette of the Republic of Indonesia of
2014 Number 1432),
are repealed and declared invalid.

Article 49
This Regulation of the Minister comes into force from the date of its promulgation.
For public cognizance, it is hereby ordered that this Regulation of the Minister be promulgated in the Official
Gazette of the Republic of Indonesia.

Established in Jakarta,
On 16 November 2020
THE MINISTER OF COMMUNICATION AND INFORMATICS OF THE REPUBLIC OF INDONESIA,
Signed
JOHNNY GERARD PLATE

Promulgated in Jakarta,
On 24 November 2020
THE DIRECTOR-GENERAL OF LAWS AND REGULATIONS OF THE MINISTRY OF LAW AND HUMAN
RIGHTS OF THE REPUBLIC OF INDONESIA,
Signed
WIDODO EKATJAHJANA

OFFICIAL GAZETTE OF THE REPUBLIC OF INDONESIA OF 2020 NUMBER 1376

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