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Database

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Trading restrictions

INDONESIA

Reported in 2016

Chapter Online sales and transactions  |  Sub-chapter Online sales
Online sales restriction
Online sales and advertisement of alcohol is prohibited.
Coverage Online sales and advertisement
Trading restrictions

INDONESIA

Since 2008

Chapter Online sales and transactions  |  Sub-chapter Online sales
Article 27 and 28 of the Law on Information and Electronic Transactions
Article 27 and 28 of the Law on Information and Electronic Transactions prohibit to distribute and publish certain material online, including material that promotes gambling or that is “immoral” .
Coverage Gambling sector
Trading restrictions

INDONESIA

Since 2013

Chapter Online sales and transactions  |  Sub-chapter Domain name (DNS) registration requirements
Regulation No. 23 of 2013 on Domain Name Management to implement Article 83 of Government Regulation No. 82 of 2012
Websites are considered electronic systems, and as such, they need to get certified before registering for a domain name. Websites must also provide the identity of the party providing such an electronic system and information on the object of any transaction.
Coverage Horizontal
Trading restrictions

INDONESIA

Since April 2018

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
De minimis rule
According to Indonesia's de minimis rule, goods with a value of up to 69 SDR / 100 USD are exempted from taxes and duties collected by customs.
Coverage Horizontal
Trading restrictions

INDONESIA

Since November 2016

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
Ban on cryptocurrencies
The use of cryptocurrency is banned in Indonesia.
Coverage Cryptocurrencies
Trading restrictions

INDONESIA

Since June 2017

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
Bank of Indonesia Regulation 19/8/2017
The Regulation of the National Payment Gateway allows three types of institutions to process domestic electronic transactions: standardization institutions, switching institutions, and service institutions. According to Article 12(2)c, these switching institutions have to be owned to at least 80% by Indonesian citizens or entities. The switching institutions are defined under Article 1(3) as entities within the National Payment Gateway that "process payment transactions".
Coverage Payment services
Trading restrictions

INDONESIA

Reported in 2016
Reported in 2017

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
Circular letter “Concerning the Provision of Application
Services and/or Content over the Internet (OTT)”, followed by a 2017 draft OTT regulation
In March 2016, Indonsia's Ministry of Communication and Informatics (MOCI) released a circular letter “Concerning the Provision of Application Services and/or Content over the Internet (OTT)”, which proposes a range of new regulations on Internet services. The packages include proposed requirements to use a national payment gateway.

It is reported that the requirements, as proposed, could present compliance problems for foreign service providers and raise competition concerns and trade barriers.

Additionally, a draft OTT regulation was issued in 2017 for public consultation and comments, signalling that the MOCI is still pressing on with these measures, although its contents may change.
Coverage Internet Services
Trading restrictions

INDONESIA

Reported in 2018

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
UNCITRAL model law on e-commerce or e-signatures
Indonesia has not adopted the UNCITRAL model law on e-commerce or e-signatures.
Coverage Horizontal
Trading restrictions

INDONESIA

Since 2009, last amended in 2014

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
Bank Indonesia Regulation No. 11/12/PBI/2009, as amended by Bank Indonesia Regulation No. 16/8/PBI
2014 regarding E-money (“PBI 11/2009”)

Circular Letter of Bank Indonesia No. 16/11/DKSP
Regulation No. 11/12/PBI/2009 (as amended by Regulation No. 16/8/PBI 2014) requires that any 'e-money' issuer must be licensed by the Indonesia's Central Bank. Moreover, the Circular Letter of Bank Indonesia requires e-money to have a monetary value. Therefore, Indonesian regulations does not allow for virtual currencies such as bitcoin, which remain unregulated.
Coverage E-money issuers
Trading restrictions

INDONESIA

Reported in 2016
Reported in 2017

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
Circular letter “Concerning the Provision of Application
Services and/or Content over the Internet (OTT)”, followed by a 2017 draft OTT regulation
In March 2016, Indonsia's Ministry of Communication and Informatics (MOCI) released a circular letter “Concerning the Provision of Application Services and/or Content over the Internet (OTT)”, which proposes a range of new regulations on Internet services. The packages include proposed requirements to establish a local business entity to do business with Indonesian citizens, to use a national payment gateway, and to use local IP numbers and store data within Indonesia.

It is reported that the requirements, as proposed, could present compliance problems for foreign service providers and raise competition concerns and trade barriers.

Additionally, a draft OTT regulation was issued in 2017 for public consultation and comments, signalling that the MOCI is still pressing on with these measures, although its contents may change.
Coverage Internet Services
Trading restrictions

INDONESIA

Since 2013

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
Regulation No. 15/2013
There are limitations on foreign ownership in the express delivery services, which could affect e-retailers. Foreigners are not allowed to own more than 49% of these services. Moreover, foreign suppliers are required to limit their activities to provincial capitals with international airports and seaports.
Coverage Foreign delivery services
Trading restrictions

INDONESIA

Since 2014
Since May 2016

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
Negative Investment List (DNI), as governed by Presidential Regulation No. 39 of 2014, followed by Presidential Decree No. 44/2016
Online retailing and post retailing was formerly closed to foreign ownership. Foreign investors could not participate in e-commerce activities, although there were no foreign investment restrictions for intermediary e-commerce.

Following Presidential Decree No. 44/2016, effective in May 2016, full foreign ownership is allowed for foreign investors who invest at least IDR 100 billion (approx. USD $7.4 million) for the establishment of an e-commerce company in Indonesia.
Coverage E-retailing and post retailing
Trading restrictions

INDONESIA

Since 2014

Chapter Standards  |  Sub-chapter Product screening and testing requirements
Local testing requirement
Since 2014, all wireless and telecommunication end products, including a non-POSTEL approved wireless module, must undergo local testing and obtain the system approval from the Indonesian authority Sumber Daya Dan Perangkat Pos Dan Informatika (SDPPI). Manufacturers may apply to have their Dual Band (2400-2483.5MHz and 5725-5825MHz) access point products tested. The testing process must be conducted by Telkom RisTi Bandung and not by SDPPI test laboratory.
Coverage Wireless and Telecommunication products
Trading restrictions

INDONESIA

Since 1999

Chapter Standards  |  Sub-chapter Product safety certification (EMC/EMI, radio transmission)
National Telecommunication Act No. 36

Ministry of Industry (MOI) Regulation 24/2013 (as revised by MOI Regulation 55/2013)
The National Telecommunication Act No.36 requires certificate of approval for every telecommunication and IT equipment entering Indonesian territory. Such products must be type approved by the Directorate General of Posts and Telecommunications (DG SDPPI or DG PosTel). The approval requires in-country testing for most equipment types, but it can be issued to a foreign manufacturer.

Ministry of Industry (MOI) Regulation 24/2013 requires, as of April 2016, a mutual recognition agreement for the acceptance of test reports from laboratories outside Indonesia. Nevertheless, it is unclear whether any such agreements exist in practice.
Coverage Telecommunication and IT equipment
Trading restrictions

INDONESIA

Since 2016

Chapter Quantitative Trade Restrictions  |  Sub-chapter Local Content Requeriments for commercial market
Indonesian Patent Law No.13/2016
Indonesia's patent law has a local manufacturing requirement. The patent holder is obliged to manufacture the patented product or use the patented process in Indonesia. The law also lays down that non-compliance with the requirement within 36 months from the grant of the patent triggers the possibility to issue a compulsory license or the abolishment of the patent. This provision could prevent the patenting of products, produced by any industry, that are not manufactured in Indonesia.
Coverage Horizontal