Indonesia E-Court System

As follow-up to Supreme Court Regulation No. 3 of 2018 on Electronic Court Proceeding Administration,[1] the Director General of General Court Administration at the Supreme Court has issued Decree No. 271/DJU/SK/PS01/4/2018 to launch the operation of the Indonesian E-Court system.

The E-Court system aims to almost fully process court proceedings electronically, which includes most stages of a court proceeding, covering court summons and notification, reply, rejoinder, surrejoinder, and conclusion (excludes examination of evidence). Even the payment of the court fees will be done electronically and the court decision or determination will be issued electronically to the concerned parties.

Continue reading Indonesia E-Court System

Mandatory Registration for Startups in Indonesia and Right to be Forgotten Implementation

Following the amendment to Law No. 11 of 2008 on Electronic Information and Transactions through Law No. 19 of 2016, the Indonesian government has started work on amending the current Government Regulation No. 82 of 2012 on the Implementation of Electronic Transactions and Systems.

A couple of topics addressed in the Draft Amendment include mandatory registration for electronic system providers[1] and elaboration on the right to be forgotten that was introduced in the EIT Law Amendment.

Continue reading Mandatory Registration for Startups in Indonesia and Right to be Forgotten Implementation

Indonesia Court Proceeding Administration Now Online


UPDATE


After going through several discussions earlier this year,[1] the Supreme Court has launched the online court proceeding administration system via the issuance of Supreme Court Regulation No. 3 of 2018 on Electronic Court Proceeding Administration.

Continue reading Indonesia Court Proceeding Administration Now Online

Rules on Drones Updated: Hobbyists

Taking note of the sharp rise in the use of drones, the Indonesian government has updated the legal framework on drones with the issuance of Minister of Transportation Regulation No. PM 180 of 2015 regarding Control of Unmanned Aerial Vehicle Operations in Indonesia’s Serviced Airspace, which was recently amended by Minister of Transportation Regulation No. PM 47 of 2016 (“2016 Regulation”).

The 2016 Regulation repeals and replaces the previous drone regulation under Minister of Transportation Regulation No. PM 90 of 2015 regarding Control of Unmanned Aerial Vehicle Operations in Indonesia’s Serviced Airspace (“2015 Regulation”).

The 2016 Regulation mainly serves to update the rules on drone use after the issuance of Minister of Transportation Regulation No. PM 163 of 2015 on Civil Aviation Safety Regulations Part 107 on Small Unmanned Aircraft System (“CASR Regulation”), which sets out technical requirements that must be satisfied by drones and drone operators, as well as rules that must be complied with in any drone operation.

This article will explain the 2016 Regulation and CASR Regulation specifically for hobbyists, which means that the drone is flown strictly for recreational or hobby use (in other words not for business purposes).

Continue reading Rules on Drones Updated: Hobbyists

Religious-Holiday Allowance for Workers

As Eid Al-Fitr Day draws nearer, most of the Indonesian working population awaits anxiously to receive their religious-holiday allowance (tunjangan hari raya or commonly known as THR) and soon to embark on their collective homecoming tradition.

The government has also reminded[1] every state-owned and private-owned companies of their legal obligation to provide their employees with their rightful religious-holiday allowance as stipulated by the Minister of Employment (“THR Regulation”).[2]

Continue reading Religious-Holiday Allowance for Workers

Indonesia to Introduce Personal Data Protection Rules in Electronic Systems

Continuing the momentum of developing Indonesia’s personal data protection, in addition to proposing the Draft Bill on Personal Data Protection (“PDP Bill”) to Indonesia’s parliamentary body,[1] the House of Representatives (“House”), the Minister of Communication and Information Technology (“MOCIT”) has drafted a regulation on personal data protection in electronic systems (“PDP Draft Regulation”).

According to recent updates, the PDP Draft Regulation’s issuance will be prioritized over the PDP Bill, which has not been included into the 2016 Priority National Legislative Program (“Legislative Program”),[2] and as such is likely to be further delayed until 2017 at the earliest. Based on confirmation from an official from the Ministry of Communication and Informatics, the PDP Draft Regulation will be enacted in June this year.

This article will elaborate the provisions set out under the PDP Draft Regulation along with any related provisions under the PDP Bill.

Continue reading Indonesia to Introduce Personal Data Protection Rules in Electronic Systems

Indonesia’s 2016 Priority National Legislative Program

As covered by the media earlier this year, there are a total of 40 Draft Bills included in the 2016 Priority National Legislative Program (“Program”)[1] of the House of Representatives of Indonesia (“House”). Although the House has performed poorly in reaching last year’s Program, the 2016 List covers Draft Bills that will be discussed and to be, hopefully, enacted this year by the House.

There are a number of Draft Bills that immediately catches attention, including a few of those that are proving regulars for this annual Program. These Draft Bills are:

Continue reading Indonesia’s 2016 Priority National Legislative Program

Indonesia’s Small Claims Court Procedure

In other jurisdictions, a small claims court system may be well established and be utilized effectively for simple and inexpensive cases claim-wise. However in Indonesia, the small claims court system was only recently established under Supreme Court Regulation No. 2 of 2015 regarding Procedures for the Resolution of Small Claims Lawsuits (“Regulation”).

Continue reading Indonesia’s Small Claims Court Procedure