1. Presented at: WSIS Follow-up and Implementation : Action Line Facilitation meeting E : Bussiness : E Commerce as a Key Facilitation forSME Competitiveness ITU, Geneve, 22 May 2008 Linking Trade Facilitation and Legal Frameworks : I ndonesian Experience in the context of Harmonisation of ASEAN e - Commerce

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

3. Countrye-commerce laws (2004) e-commerce laws (2008) BruneiEnacted CambodiaNoneDraft IndonesiaNoneEnacted LaosNoneDraft MalaysiaNoneEnacted MyanmarDraftEnacted PhilippinesEnacted SingaporeEnacted ThailandEnacted VietnamNoneEnacted Progress E-Commerce Legislation in ASEAN

4. The e ASEAN Roadmap for e – commerce include » Measure 78: Enact domestic legislation to provide legal recognition of electronic » Measure 78: Enact domestic legislation to provide legal recognition of electronic transactions (i.e. cyber-laws) based on common reference frameworks. (Deadline: 31 December 2008) » Measure 79: Facilitate cross-border electronic transactions and the use of electronic » Measure 79: Facilitate cross-border electronic transactions and the use of electronic signatures (Deadline: 31 December 2009)

5. Indonesia Brief Facts (1) Area of services: nationwide (1.86mill km2, 220mill people) Area of services: nationwide (1.86mill km2, 220mill people) Provided by: Provided by: –4 fixed telephone providers –10 mobile telephone providers –1 satellite provider Penetration level: 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 Estimated 43,022 out of 66,278 (64.4%) villages have no telephone access

6. 10-25% penetration at urban area 0.2% penetration at rural area

7. 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. 8 * * Indonesia Brief Facts (3) Rapid Increase of Capacity & Fraud 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

9. Government Efforts Prommote partnership between public and private sector Prommote partnership between public and private sector Enacted Laws on information & electronic transaction Enacted Laws on information & electronic transaction Formed ID-SIRTII (Indonesia Security Incident Response Team on Internet Infrastructure) Formed ID-SIRTII (Indonesia Security Incident Response Team on Internet Infrastructure)

10. Regulatory Tools Historical Background 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) Recently Enacted: Law no 11 /2008 on Electronic Information and Transaction (ITE)

11. Indonesia E-Commerce Legislation (1) The law on Information and Electronic Transaction no 11 / 2008 is now enacted The law on Information and Electronic Transaction no 11 / 2008 is now enacted legal basis for information and electronic transaction in Indonesia 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 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 Proof to the world community, that Indonesia is fighting against cyber crime

12. Indonesia E-Commerce Legislation (2) The Law addresses a wide range of issues The Law addresses a wide range of issues - enabling Electronic Transactions and - enabling Electronic Transactions and Electronic crontracting Electronic crontracting - Domain names and Intelectual - Domain names and Intelectual Properties Properties - Privacy - Privacy - Content Regulatoin - Content Regulatoin - Cybercrime - Cybercrime

13. 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 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: 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 Continuing public education to increase stakeholders awareness and contribution

14. 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 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 consist of government, law enforcer, and professionals The institution operate independently and highly supported by national internet stakeholders The institution operate independently and highly supported by national internet stakeholders National internet stakeholders including national ISP association, national ICT communities, etc. National internet stakeholders including national ISP association, national ICT communities, etc.

15. Summary There is a great degree of similarities in the field of electronic transactions laws among the ASEAN Member Countries 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 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) It is a paramount importance to promote partnership between public and private sector : Formed ID-SIRTII (Indonesia Security Incident Response Team on Internet Infrastructure)

16. Thank you for your attention We look forward to your inputs and questions Sofi Soeria Atmadja Ministry of Telecommunications and ICT General of Posts and Telecommunications Republic of Indonesia Email: sofi@postel.go.id