Hukum Positif Indonesia-
Electronic system operators are regulated by Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions.
In this description it is stated regarding:
Definition of Electronic System Operator
An electronic system operator is any person, state organizer, business entity and society that provides, manages, and/or operates an electronic system individually or jointly to users of electronic systems for their own needs and/or the needs of other parties.
Types of Electronic System Organizers
By their nature the organizers of electronic systems are distinguished into:
- Organizers of electronic systems of the public sphere.
- Organizer of the electronic system of the private sphere.
Public Scope Electronic System Organizer
The operator of the electronic system of the public sphere is the implementation of an electronic system by a state organizing agency or an institution appointed by a state organizing agency, including; agencies, and institutions appointed by agencies, do not include public sphere electronic system operators who are financial regulatory and supervisory authorities.
Private Scope Electronic System Organizer
The operator of the electronic system in the private scope is the implementation of electronic systems by people, business entities, and the public, including:
- Electronic system operators that are regulated and supervised by the ministry based on the provisions of laws and regulations.
- Organizers of electronic systems that have portals, sites or applications in the network via the internet.
Activities for Organizing Electronic Systems that Have Portals, Sites or Applications in the Internet Network
Activities that are included in the group of electronic system organizers who have portals, sites, or applications on the network via the internet include:
- Provide, manage, and/or operate the offering and/or trade of goods and/or services.
- Provide, manage, and/or operate financial transaction services.
- Delivery of paid digital materials or content through the data network either by downloading through a portal or site, sending it by electronic mail, or through another application to the user’s device.
- 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.
- Search engine services, services for providing electronic information in the form of writing, sound, images, animation, music, videos, movies, and games or a combination of some and/or all of them.
- Processing of personal data for operational activities serving the public related to electronic transaction activities.
Obligations of electronic system operators
Each electronic system operator has obligations as stipulated in Article 3 and Article 5 of Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, namely:
- Organizing electronic systems reliably and safely and responsible for the operation of electronic systems as appropriate.
- Responsible for the operation of its electronic system, unless it can be proven that the event in question is due to compelling circumstances, errors, and/or negligence of the electronic system user.
- Ensure that the electronic system does not contain electronic information and/or electronic documents that are prohibited in accordance with statutory provisions.
- Ensure that the electronic system does not facilitate the dissemination of electronic information and/or electronic documents that are prohibited in accordance with statutory provisions.
Regarding the obligations of the organizers of this electronic system will be further regulated by ministerial regulation.
Minimum Requirements for Operation of Electronic Systems
In operating an electronic system, there are minimum requirements that must be met by the electronic system operator as stated in the provisions of Article 4 of Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, namely:
- Can display electronic information and/or electronic documents as a whole in accordance with the retention period stipulated by laws and regulations.
- Can protect the availability, integrity, authenticity, confidentiality, and accessibility of electronic information in the implementation of the electronic system.
- Can operate in accordance with procedures or instructions in the implementation of the electronic system.
- Equipped with procedures or instructions announced with language, information, or symbols that can be understood by the party concerned with the implementation of the electronic system.
- Have an ongoing mechanism to maintain the novelty, clarity, and accountability of procedures or instructions.
Starting with general information about electronic system operators, it will then be described regarding the registration of electronic systems in the next article. (RenTo)(030822)