Indonesian regulator set clearer terms for internet platforms (domestic and foreign): Registration, takedown, and (un)blocking

In an attempt to enhance legal certainty, especially with the rapidly developing digital platforms as the pandemic appeared to linger longer than it was previously speculated, the Ministry of Communication and Informatics of the Republic of Indonesia (MOCI) has issued the Regulation No. 5 of 2020 regarding Private Electronic System Provider (Regulation) on 16 November 2020, which was promulgated and effective since 24 November 2020.

This Regulation is aimed to complete a regulatory framework regarding the management and supervision of electronic system providers by private entities (private ESPs). This Regulation provides clarification on the terms and requirements for registration, and most importantly removing data localization requirements previously introduced in the draft regulation which sparked controversies.

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