New Government Regulation on Organization of Electronic Systems and Transactions 

October, 2019 - Rahayu Hoed, Brinanda Lidwina Kaliska

The Government of Indonesia finally issued Government Regulation No. 71 of 2019 on Organization of Electronic Systems and Transactions ("GR 71/2019") on 4 October 2019, gaining momentum as the country sees the rise of ‘Unicorns’ and President Joko Widodo boasting about the country’s digital economy. GR 71/2019 replaces Government Regulation No. 82 of 2012 with the same title and came into force on 10 October 2019.

GR 71/2019 has 11 chapters and an extensive scope. It introduces several new concepts, such as the private and public categories of electronic system organizers (“ESO”), the right to delist and the government’s role in electronic systems and transactions.

The following are several key provisions of GR 71/2019.

 

ESO: New Categories and Registration

GR 71/2019 introduces two new categories of ESO:

  1. ESOs in the public sector: These ESOs include legislative, executive and judicative institutions along with other agencies formed under the laws and regulations (collectively, “Agencies”) and institutions appointed by the Agencies to manage and organize electronic systems for and on their behalf. However, regulatory and supervisory authorities in the financial sector is not considered public ESOs.

  2. ESOs in the private sector: These ESOs are Indonesian or foreign individuals, business entities, and the community that mange and organize electronic systems

 

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