The registration deadline for domestic and foreign Private Electronic System Operators (ESO) falls on July 20, 2022
Any local or foreign Electronic System Operator (ESO) with a web portal, website or online application that meets certain criteria must register their electronic system with the Indonesian Ministry of Communications and Information Technology (MOCI) via the single online submission (SSO) by July 20, 2022 or, in the worst case, have its online access blocked throughout Indonesia.
This registration requirement was initially set out in MOCI Regulation 5/2020, which stated that the registration deadline was May 24, 2021. However, this deadline was later changed by MOCI Regulation 10/2021, which introduced a new deadline six months after the effective date of implementation of the OSS risk-based assessment (RBA) system (the OSS RBA Effective Date). This implementation date was later confirmed by MOCI CL 3/2022 to be January 21, 2022. In short, the amended deadline for registration with MOCI using the OSS RBA system now falls on July 20, 2022 .
Unfortunately, the MOCI Reg 10/2021 was unclear on the effective date of implementation of the OSS RBA system until very recently. Therefore, many companies are only now processing their Electronic System Operator Registration Certificate (known as PSDT) on the OSS RBA system.
The OSS RBA system began accepting applications for registration from national ESOs in January 2022. Previously, national ESOs had to register with MOCI in accordance with MOCI Reg 5/2020 using a temporary online system administered by MOCI .
By issuing MOCI CL 3/2022, MOCI has confirmed that the OSS RBA system can now accept applications for registration from foreign ESOs as well as domestic ESOs.
Private ESO Registration Criteria
Further details on registration requirements can be found in our April 2020 bulletin on draft MOCI Reg 5/2020. MOCI Reg 5/2020 (as published) defines two categories of private ESOs that must register their electronic systems with MOCI through the OSS RBA system in order to obtain a TDPSE:
1. National private SDOs this:
a. are regulated or supervised by an Indonesian ministry or agency based on applicable laws and regulations; and or
b. own a web portal, website or online application that is used for any of the following activities:
I. to provide, manage and/or operate the offering and/or trading of goods and/or services;
ii. to provide, manage and/or operate financial transaction services;
iii.to transmit paid digital documents or content via a data network, whether by downloading via a portal or sites, transmission via e-mails or via other applications to the devices of users of the electronic system;
iv. to provide, manage and/or operate communication services, including but not limited to short messaging, voice call, video call, email and network chat in the form a digital platform, network services and social media;
v. to provide search engine services, electronic system delivery services in the form of text, sound, image, animation, music, video, film and game, or any combination thereof ci, partially or entirely; and or
vi. process personal data for operational activities serving the public related to electronic transaction activities.
Any ESO obtaining their TDPSE prior to the introduction of the MOCI Reg 5/2020 scheme must now re-register on the OSS RBA system. However, it is not clear whether the timeframe for re-registration is the same as for new registrations.
2. Foreign private SDOs (i.e. foreign ESOs incorporated or permanently domiciled abroad) which:
a. provide services within Indonesian territory;
b. doing business in Indonesia; and or
c.have an electronic system used and/or offered on Indonesian territory.
MOCI CL 3/2022 states that MOCI may impose administrative sanctions on a private ESO that has not registered by July 20, 2022 by blocking online access to the private ESO’s electronic system. Access to the electronic system will be reactivated once the registration requirement has been met.
In the event of non-re-registration of the ESO on the OSS RBA system, a private ESO may face administrative sanctions in the form of a warning letter, suspension of its activities, blocking of its access and /or the revocation of his TDPSE.
A list of private ESOs already registered with MOCI is available online here (for foreign ESOs) and here (for national ESOs).