Heaptalk, Jakarta — Indonesia’s President, Joko ‘Jokowi‘ Widodo, has officially signed Law Number 1 of 2024 concerning the second amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE). This ITE law is the second amendment output that the House of Representatives of the Republic of Indonesia (DPR RI) passed in December 2023, aiming to avoid multiple interpretations and societal controversy.
As stated in the Law, “To maintain Indonesia’s digital space which is clean, healthy, ethical, productive and just, it is necessary to regulate the use of Information Technology and Electronic Transactions which provides legal certainty, justice and protects the public interest from all kinds of disturbances impacted by a misuse of Electronic Information, Electronic Documents, Information Technology, and Electronic Transactions that disrupt public order.”
As is known, the earlier law implementation is claimed to cause misinterpretations and controversy in society. In more detail, several articles are still considered ambiguous, including Article 27, Paragraphs (1) to (4), frequently used to criminalize civilians. On the other hand, Article 28 Paragraphs (1) and (2) are frequently misused to silence criticism, up to the punishment provisions in Articles 45, 45A, and 45B.
For this reason, the government has revised around 20 substantive points related to electronic information and transactions, including:
- The change in weighing considerations
- Changes to the provisions regarding information and electronic documents as valid evidence in Article 5, paragraph 4
- Changes to the provisions regarding electronic signatures and the implementation of electronic certification in Indonesia must be an Indonesian legal entity and domiciled in Indonesia.
- Additional provisions regarding the electronic certification implementation
- Additional explanation in Article 15 regarding the meaning of reliable to operate safely and responsibly.
- Rules for the obligation of electronic system operators to provide protection.
- Additional stipulations regarding the imposition of sanctions on electronic system operators who do not protect children
- The stipulation augmentation related to electronic transactions has high risks for the parties and uses of electronic signatures secured by electronic certificates.
- Additional provisions for international electronic contracts that use standard clauses that electronic operators have created must be regulated by Indonesian law.
- Transforming the stipulation of prohibit anyone who intentionally and without authorization broadcasts, displays, transmits, or makes accessible electronic information and documents that have content that violates decency for becoming known to the public.
- Provision augmentation prohibiting people from deliberately attacking the honor of other individuals by making accusations in the form of electronic information.
- Additional provisions prohibit people from intentionally and without authorization to distribute electronic information for personal intention.
- Changes to provisions interdicting society from spreading electronic information containing fake news.
- Changes to the provisions prohibiting anyone from sending electronic documents containing threats.
- The reference revision in the article on the prohibition provisions for society who intentionally and without authority carries out a prohibited act that is materially detrimental.
- Changes to the provisions on the government’s authority to determine access to electronic information that violates the law.
- Additional provisions on government responsibility to encourage a digital ecosystem that is fair, accountable, safe, and innovative.
- Stipulation augmentation regarding the authority of PPNS.
- The criminal policy alteration.
- Changes to transitional provisions related to the implementation of several articles amending the ITE Law until the enactment of Law Number 1 of 2023 concerning the Criminal Code
