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Exploring Indonesia's Information and Electronic Transaction Law 2024: Key Changes in the Second Amendment

Author: Mutiara Ananda Pratiwi, Mon, Feb 5th 2024, 11:09

Introduction

The Second Amendment to the Information and Electronic Transactions Law, enacted as Law Number 1 of 2024 ("Law 1/2024"), has significantly altered Indonesia's legal framework concerning Information and Electronic Transactions (“IET”). The amendment aims to uphold and safeguard the rights and freedoms of the people. IET Law 1/2024 modifies several clauses from Law Number 11 of 2008 and Law Number 19 of 2016, about electronic certification service providers, layers of child protection, dissemination of false information, personal threats, and defamation.

Electronic Certification Service Provider

Law 1/2024 imposes restrictions on electronic certification service providers to be only operated by Indonesian entities.[1] The electronic certification service provider provides arrays of services including electronic signatures, electronic seals, electronic timestamps, recorded electronic delivery, website authentication, and digital identity.[2]

Layers of Child Protection

Law 1/2024 includes additional rules regarding child protection in accessing electronic systems. Electronic system providers are required to implement technological and operational measures that could provide layers of protection for children, including providing minimum age limit information, verifying child users, and procuring reporting mechanisms in the event of misuse of products and services infringing upon children’s rights.[3] Violations of the above provisions of the electronic system provider are subject to sanctions.[4]

False Information, Personal Threats and Defamation

Law 1/2024 removes 2 paragraphs in Article 27 regarding insult, extortion, and threatening, while also introducing two new articles, namely Article 27 A and 27 B. Article 27A regulates defamation and Article 27B regulates intimidation and threats.[5] [SM1] There are changes regarding the regulation of false and misleading information that results in consumer harm in electronic transactions and SARA[SM2]  (Ethnicity, Religion, Race, and Intergroup).[6] One important addition is the exceptions of criminal charges of Law 1/2024 if the alleged action serves the public interest, is committed in self-defense, or involves electronic information and documents classified as works of art, culture, sports, health, and/or science.[7]

Role of Government

The government is entitled to instruct the electronic system provider to terminate access to electronic information and/or documents containing hazardous contents such as threats to life, pornography, and gambling.[8] The government is responsible for encouraging the creation of a fair, accountable, safe, and innovative digital ecosystem[KM3].

Conclusion

Law 1/2024 clarifies some crucial articles related to disseminating false information, personal threats, and defamation. This amendment also adds new regulations to be satisfied by electronic certification providers to ensure and safeguard child protection. The government also gets new authority in this amendment.

 

[1] Article 13 (3), Law 1/2024

[2] Article 13A, Law 1/2024

[3] Article 16A, Law 1/2024

[4] Article 16B, Law 1/2024

[5] Articles 27A and 27B, Law 1/2024

[6] Article 28, Law 1/2024

[7] Article 45A, Law 1/2024

[8] Article 40, Law 1/2024

 

This article has been contributed by Mutiara Ananda Pertiwi of Armila Rako, a corporate law firm based in Jakarta. The above article does not, and is not intended to, constitute legal advice; instead, this article is for general informational purposes only. Information contained in this article may not include the most up-to-date legal or other information. Should the readers have any inquiries, they can contact the authors at mutiaraananda12@gmail.com. Any reliance on this article is at the user’s own risk.