Presented at:WSIS Follow-up and Implementation : Action Line Facilitation meeting E : Bussiness : E Commerceas a Key Facilitation forSME CompetitivenessITU, Geneve, 22 May 2008

Linking Trade Facilitation and Legal Frameworks : Indonesian Experience in the context of Harmonisation of ASEAN e - Commerce

Outline Harmonization of ASEAN e - Commerce

- ASEAN e Commerce Legislation Developments - Progress E-Commerce Legislation in ASEAN - The e ASEAN Roadmap Indonesian Experiences - Indonesia Brief Facts - Government Efforts - Regulatory Tools - e Commerce Legislation - Cybercrime - ID SIRTI Summary

Country e-commerce laws (2004)

e-commerce laws (2008)

Brunei Enacted Enacted

Cambodia None Draft

Indonesia None Enacted

Laos None Draft

Malaysia None Enacted

Myanmar Draft Enacted

Philippines Enacted Enacted

Singapore Enacted Enacted

Thailand Enacted Enacted

Vietnam None Enacted

Progress E-Commerce Legislation in ASEAN

The e ASEAN Roadmap for e – commerce include

» Measure 78: Enact domestic legislation to provide legal recognition of electronictransactions (i.e. cyber-laws) based on common reference frameworks. (Deadline: 31 December 2008)

» Measure 79: Facilitate cross-border electronic transactions and the use of electronicsignatures (Deadline: 31 December 2009)

Indonesia Brief Facts (1)

Area of services: nationwide (1.86mill km2, 220mill people)

Provided by: – 4 fixed telephone providers– 10 mobile telephone providers– 1 satellite provider

Penetration level:– Fixed telephone penetration: 4.4%– Mobile telephone penetration: 12.5%– Internet penetration: 5.3%– Urban area telephone penetration: 10-25% vs

Rural penetration: 0.2% Estimated 43,022 out of 66,278 (64.4%)

villages have no telephone access

10-25% penetration at urban area

0.2% penetration at rural area

7

Indonesia Brief Facts ( 2)Increase of Internet Stake Holders

Internet Subscribers Internet Users

2003

2004

2005

2006

2007

0.8

1

1.5

1.7

2

In Million

8

11

16

20

25

NAP ISP

2003

2004

2005

2006

2007

22

36

38

41

44

190

228

253

271

298

SOURCE: Regulatory Compliance Monitoring System (RECON) DGPT

8**

Indonesia Brief Facts (3)Rapid Increase of Capacity & Fraud

2001 2002 2003 2004 2005 2007

-

2001 2002 2003 2004 2005 2007

-

2005 2006 20072005 2006 2007

SOURCE: Indonesia Internet Service Provider Association (APJII)

There has been significant increased of misused of Internet recently, in addition to the significant increase of internet capacity It increases the threat of Internet usage in Indonesia

Government Efforts

Prommote partnership between public and private sector

Enacted Laws on information & electronic

transaction

Formed ID-SIRTII (Indonesia Security Incident Response Team on Internet Infrastructure)

Regulatory Tools

Historical Background– Law No. 36/1999 on (Liberalized) Telecom– Government Regulation No.52/2000 on

Telecommunication Network and Service Provision

– Ministerial Regulation No. 26/2007 on Indonesia Security Incident Response Team on Internet Infrastructure

Recently Enacted: Law no 11 /2008 on Electronic Information and Transaction (ITE)

Indonesia E-Commerce Legislation (1)

The law on Information and Electronic Transaction no 11 / 2008 is now enacted

legal basis for information and electronic transaction in Indonesia

tools for Indonesia law enforcement officers to conduct legal enforcement specifically in the field of information and electronic transaction

Proof to the world community, that Indonesia is fighting against cyber crime

Indonesia E-Commerce Legislation (2)

The Law addresses a wide range of issues - enabling Electronic Transactions and Electronic crontracting - Domain names and Intelectual Properties - Privacy - Content Regulatoin - Cybercrime

Cyber Crime

Infrastructure (internet) misusages may and can lead to losses (technical losses, social losses and economic losses), the presence of newly issued Law on information and electronic transaction could help to minimize the impact

formed ID-SIRTII:– involving community participations actively

in regards to internet security– assuring and protecting privacy

proportionally– Giving certainty and protection to Industry

Continuing public education to increase stakeholders awareness and contribution

Missions and Objectives To expedite the economic growth of the country through Providing the society with secure internet environment within the nation”

To expedite the economic growth of the country through Providing the society with secure internet environment within the nation”

1. Monitoring internet traffic for incident handling purposes.

2. Managing log files to support law enforcement.

3. Educating public for security awareness.

4. Assisting institutions in managing security.

5. Providing training to constituency and stakeholders.

6. Running laboratory for simulation practices.

7. Establishing external and international collaborations.

An independent institution formed as a result of partnership of public and private sector

The institution consist of government, law enforcer, and professionals

The institution operate independently and highly supported by national internet stakeholders

National internet stakeholders including national ISP association, national ICT communities, etc.

Summary

There is a great degree of similarities in the field of electronic transactions laws among the ASEAN Member Countries

There is a wide range of Cyber law issues which are addressed in Electronic Information and Transaction Act no 11/2008

It is a paramount importance to promote partnership between public and private sector : Formed ID-SIRTII (Indonesia Security Incident Response Team on Internet Infrastructure)

Thank you for your attentionWe look forward to your inputs and questions

Sofi Soeria AtmadjaMinistry of Telecommunications and

ICTGeneral of Posts and

TelecommunicationsRepublic of Indonesia

Email: sofi@postel.go.id