The Indonesian government has introduced a new regulation concerning Electronic Transactions System through the Government Regulation (PP) 71/2019 on “The Organisation of Electronic System and Transactions”. This regulation replaces the previous PP 82/2012 to accommodate the rapidly changing technology.
Under this new regulation, electronic system organisers (ESOs) are now categorized into Public ESO and Private ESO. Public ESOs are government institutions/other entities assigned to organise government-owned electronic system, excluding financial system regulator (BI and OJK). Private ESOs are individuals, business entities, or other institutions that organise electronic system. Those included as Private ESO’s include: e-commerce platform; social media/instant messaging/mailing services; financial transaction platforms; paid/subscription-based digital content providers; and cloud services.
All private ESOs are regulated and supervised by the related ministry/government agency and covers both domestic and foreign ESOs that have their services used or marketed within the Indonesian jurisdiction. This regulation obliged Public and Private ESOs to register themselves to the Minister of Communications and Informatics (through procedures related to the “Online Single Submission”) in order for their services be legally used by Indonesian customers.
In line with the Law 11/2016 on “Electronic Information and Transactions”, this regulation also obliged ESOs to delete irrelevant electronic information/document within their control based on the request of the relevant persons. There are two ways of deletion of electronic information/document:
1. Right to erasure – for personal data obtained without permission, retracted by the data owner, obtained/processed illegally, violating contract/regulation, exceeding time limit as agreed under the contract/regulation, and displayed by the ESO which causes harm to the data owner;
2. Right to delisting – data owners must request to judiciary to have their data delisted from search engine.
It should be noted that the right to erasure doesn’t entail information/documents required by the law. This regulation also includes provisions concerning the ‘right to be forgotten’ in line with the Law 11/2016.