THE REGULATION OF DATA CENTER IN INDONESIA

Electronic System Providers guarantee that every component and integration of all Electronic Systems operate properly. Electronic System Components include Hardware, Software, Experts, governance, and security. Government Regulation of the Republic of Indonesia Number 82 of 2012 concerning the Implementation of Electronic System and Transactions (“PP 82/2012”) regulates the obligations of Electronic System Providers in general and Electronic System Providers for public services.

Electronic System Providers for public services, among others, are required to provideg a data center and disaster recovery center in the territory of Indonesia, and must obtain an Electronic System Feasibility Certification from the Minister, and must be registered with the ministry that organizes government affairs in the field of communication and informatics.

Q: What is a Data Center?

A: A Data Center is a facility used to place computer systems and related components, such as telecommunications systems and data storage for the purposes of data placement, storage and processing.

Q: What is the role of the government in using Data Centers?

A: Based on the Regulations of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Regulations Number 11 of 2008 concerning Information and Electronic Transactions (“Regulations 19/2016”), explains that the Government facilitates
the use of Information Technology and Electronic Transactions and has the duty to protect the public interest from all types of disturbances as a result
of misuse of Electronic Information and Electronic Transactions that disrupt public order.

The government must establish institutions that have strategic electronic data that must be protected which are then required to make Electronic Documents and electronic backup records and connect them to certain data centers for the benefit of data security.

Q: What is the purpose of the Data Center?

A:

• Provide security, justice and legal certainty for data center managers and users;
• Protect the public interest from misuse and risk of loss due to management and use of data centers that are not in accordance with the provisions of legislation;
• Provide convenience for the community in obtaining and using data centers;
• Providing protection and enforcement of statehood towards the data of its citizens.

1. Explanation of Article 17 paragraph (2) PP 82/2012; 2. Article 40 paragraph (4) of Law 19/2016.

DGM/HES