The Technology, Media and Telecommunications Review: Indonesia

Overview

Indonesia, with its 270 million population, has the largest economy in South East Asia and is, unsurprisingly, one of the largest digital markets worldwide. In 2021, the internet penetration rate was reported to be at 73 per cent with approximately 196 million active internet users.2 This number represents a staggering 9 per cent growth made up of almost 26 million people compared to the previous year and is partly due to the mass adoption of technology caused by the covid-19 pandemic. The rate at which users are starting to move towards internet utilisation is predicted to grow even more considering most users as of this moment hail from the island of Java and Bali, which accounts for 56 per cent of the country's population – leaving plenty of room for growth and making Indonesia potentially one of the largest digital markets worldwide.

Some of the challenges that might inhibit this potential of growth in the digital market is down to the infrastructural disparity between islands such as Java and Bali and the rest of Indonesia. Further development within the telecommunications sector is required to get all of Indonesia on par with each other's digital capabilities. Part of the government's efforts in initiating the development of telecommunications in Indonesia has been through fully opening up the sector in a bid to attract foreign investors; this was what resulted from the implementation of Law No. 11 of 2020 on Job Creation (the Omnibus Law). The licensing process for setting up businesses within this sector will also be streamlined for ease and to promote investment going forward.

The topic of personal data protection has been one of much debate following the massive increase of digital activity over the past few years. Indonesia has yet to implement any laws in regards to data privacy, though this is meant to change in the near future with the much-anticipated PDP Bill which is said to be quite similar to that of the European Union's General Data Protection Regulation (GDPR).

Regulation

i The regulators

The technology, media and telecommunications (TMT) sector in Indonesia is generally subject to the Ministry of Communications and Informatics' (MCI) control. The MCI supervises and regulates the TMT sector, including: (1) the management of resources and equipment of post and information technology; (2) the administration of post and information technology; (3) the management of information technology applications; and (4) the management of information and public communication.

The broadcasting sector is supervised by the Indonesian Broadcasting Committee (KPI), an independent regulatory body whose function is in carrying out government policies and the supervision and development of (1) broadcasting content; (2) broadcast systems structure and professionalism, and broadcasting implementation in the media industry.

Cybersecurity is still jointly supervised by the MCI and the National Cyber and Crypto Agency (BSSN). There are currently no independent bodies that supervise the misuse of, or breaches in, personal data protection. However, a newly established government body is expected to form and work in tandem with the MCI following the PDP Bill's implementation that will tackle this missing link and supervise data protection matters in Indonesia.

ii Main sources of law

In Indonesia, the main sources of TMT law are dispersed in many regulations, as described below.

Technology and telecommunication

The main sources of technology and telecommunications laws are:

  1. Law No. 36 of 1999 on Telecommunication (the Telecoms Law), as last amended by the Omnibus Law (Law No. 11 of 2020 on Job Creation);
  2. Law No. 11 of 2008 on the Information and Electronic Transaction (the EIT Law), as last amended by Law No. 19 of 2016;
  3. Government Regulation No. 46 of 2021 on Post, Telecommunication and Broadcasting (GR 46/2021); and
  4. Government Regulation No. 71 of 2019 on Electronic System and Transaction Operation (GR 71/2019);

The MCI has expanded and issued a variety of regulations in a number of sectors to organise and regulate the operations and use of telecommunications and the internet, including:

  1. MCI Regulation No. 13 of 2019 on the Organization of Telecommunication Services, as last amended by MCI Regulation No. 1 of 2021;
  2. MCI Regulation No. 5 of 2020 on Electronic System Provider in The Private Sector, as last amended by MCI Regulation No. 10 of 2021;
  3. MCI Regulation No. 5 of 2021 on Telecommunication Operation; and
  4. MCI Circular Letter No. 3 of 2016 on Provision of Application and/or Content Services through Internet (Over the Top).

Media

The main sources of media laws are:

  1. Law No. 32 of 2002 on Broadcasting (the Broadcasting Law), as last amended by the Omnibus Law (Law No. 11 of 2020 on Job Creation);
  2. MCI Regulation No. 41 of 2012 on Provision of Broadcasting by Subscription Broadcasters through Satellite, Cable, and Terrestrial, as last amended by MCI Regulation No. 6 of 2021; and
  3. MCI Regulation No. 6 of 2021 on Broadcasting, as last amended by MCI Regulation No. 11 of 2021.

Data protection and data privacy

The main sources of data protection and data privacy laws are:

  1. the EIT Law (Law No. 11 of 2008 on Electronic Information and Transaction as last amended by Law No. 19 of 2016);
  2. GR 71/2019 (Government Regulation No. 71 of 2019 on the Implementation of the Electronic System and Transaction);
  3. MCI Regulation No. 20 of 2016 concerning Personal Data Protection in Electronic System; and
  4. National Cyber and Crypto Agency Regulation No. 8 of 2020 on Security System in Electronic System Management.

iii Regulated activities

Broadcasting and telecommunication services can only be provided by licensed businesses. While there is a slight difference in regulatory particularities between public and private broadcasting, both broadcasters are nonetheless subject to similar provisions under the law. In general, as provided in the Broadcasting Law as well as the EIT Law, all content broadcast via traditional media (e.g., television and radio) and digital media (e.g., the internet or other digital platforms) shall not violate the limitations provided by law (e.g. advertisement on alcoholic beverages and cigarette promotion), nor shall it conflict with public order, morality, religion or customs in Indonesia.

Delivery of telecommunication services are also heavily regulated in Indonesia. This includes the organising of telecommunication networks, telecommunication equipment along with its utilisation, spectrums, areas of service and provision and delivery of telecommunications services, which will require prior certification, licence applications and approvals from the MCI.

iv Ownership and market access restrictions

There is a shifting trend in terms of the ownership of some business sectors in Indonesia. Under the Presidential Regulation No. 10 of 2021, last amended by Presidential Regulation No. 49 of 2021 regarding Investment Business Field (New Investment List) – (PR 10/2021), Indonesia sets out new restrictions on foreign investment for various sectors, including media and telecommunications. The PR 10/2021 will replace the previous regulation, Presidential Regulation No.44 of 2016 regarding Lists of Business Fields That Are Closed to And Business Fields That Are Open with Conditions of Investment (Previous Investment List) – (PR 44/2016), which took effect in March 2021. See our elaboration below to understand the ownership restrictions and other related provisions.

Telecommunications

The telecommunications sector is twofold whereby the main businesses are telecoms and telecommunication towers. Previously in PR 44/2016, the government capped foreign ownership to a maximum of 67 per cent. However, PR 10/2021 eliminates the foreign ownership limitations on several telecoms business activities (e.g., fixed and mobile telecommunication networks). Furthermore, business activities for telecommunication towers are not restricted with the exception of tower construction service providers that use simple or intermediate technology that are allocated for micro, small, and medium enterprises or cooperatives.

Media and broadcasting

The Indonesian government has made slight changes in terms of the foreign ownership of media and broadcasting businesses. According to the Chief of the Statistical Bureau, Regulation No. 2 Year 2020 on the Indonesian Industrial Standard Classifications 2020 states that certain fields of the media and broadcasting sector (e.g., newspaper, magazines, and other publishing activities) are allowed to have a maximum of 49 per cent foreign ownership for a publicly listed company – listed target company.

However, strict restrictions on foreign ownership remain unchanged in private broadcasting and subscription activities, capping foreign ownership at a maximum of 20 per cent and only permissible when increasing capital or for the purposes of business expansion.

v Transfers of control and assignments

A merger or acquisition (i.e., 'transfer of control') can only be carried out by taking into account the interests of the company, minority shareholders, employees, creditors and business partners of the company, as well as the community and fair competition in doing business. It should be noted that the transfer of control must prevent the possibility of a monopoly or monopsony in various forms that are detrimental to society. In addition, foreign acquisitions must also take into account the maximum foreign ownership permissible under PR 10/2021.

In connection with the transfer of control, regulators or state institutions that are tasked to regulate this sort of change in power are the Indonesian Investment Coordinating Board and the Business Competition Supervisory Commission, which has the right to supervise a company if control is moved or effects to control being collectively held by a single entity with respect to market health and unfair competition.

In addition, certain companies such as those that have specifically regulated business activities – including banking financial institutions and non-banking financial institutions – need to obtain approval from the relevant authorities, for instance, the Financial Services Authority and Bank Indonesia.

Telecommunications and internet access

i Internet and internet protocol regulation

The provision of internet and IP-based services are regulated differently depending on the type of services delivered. IP-based telecommunication services that utilise networks are regulated in a similar fashion to traditional telephony under the Telecommunication Law, whereas an over-the-top, cloud-based services are currently regulated as an electronic system. Currently, electronic system operators (ESOs) are enjoying more relaxed requirements, being only required to conduct registration of its electronic system to the MCI as opposed to regular telecommunication service providers which must obtain licenses for its business activities.

Under the current regulatory regime, the government requires all electronic systems to be registered with the MCI, including electronic systems operated by foreign ESOs. For this purpose, the government has been preparing a platform which allows foreign ESOs to register their electronic system. However, the implementation of this feature to allow foreign ESOs to register their electronic systems keeps on being postponed. Although non-compliance with this registration requirement can lead to a suspension of access to the electronic system, the MCI has been lax in its enforcement and has only gone so far as to suspend access to electronic systems that contain negative content thus far.

ii Universal service

Geographical condition has always been a challenge in terms of coverage for the entirety of Indonesia's territory with network access. According to the latest publication from Indonesia's Central Bureau of Statistics (BPS), there are still approximately 7 per cent of villages/sub-districts in Indonesia that has yet to receive telecommunication reception.3 As part of the government's effort to equip remote areas with network access, the regulations in Indonesia require all telecommunication network providers to contribute to a universal service obligation (USO) at a rate of 1.25 per cent of its gross revenue.4

The USO will be utilised by BAKTI, the Indonesian Telecommunication and Informatics Accessibility Agency to subsidise construction of infrastructures to provide network access in remote areas. The Indonesian government may also build the infrastructure and make the infrastructure available for network operators to deliver their services in remote areas.

iii Restrictions on the provision of service

Pursuant to the Telecoms Law, telecommunication network operators have the right to determine the tariff, and there are no set retail tariffs on the operators. However, the government may determine the following: (1) a formula to calculate the tariff; and (2) an upper limit tariff and/or lower limit tariff for the operation of telecommunication with a view on public interest and fair competition. Similarly, interconnection tariffs are decided on the basis of cost by considering the economic value (supply and demand) and subject to the standard formulations provided by the government. The principles of interconnection tariff calculation are transparency and fairness, as the calculations shall be included in the interconnection offer document (DPI). Operators are then required to submit the DPI to be reviewed and approved by the Directorate General for Operation of Post and Informatics.

In regard to content, Indonesia does not recognise net neutrality, and the government from time to time will restrict access to content deemed negative and illegal. While the provisions of services by providers must be fair and indiscriminate, the quality of said service and content must also at all times be in accordance with laws and regulations.5 This has, in turn, allowed service providers to restrict access to certain content, which from the providers' perspective, are improper.

iv Privacy and data security

Personal data protection in Indonesia

The 'data privacy' concept was introduced in Indonesia through the EIT Law, which is implemented through GR 71/2019. While the EIT Law only covers the basic data privacy concepts, a more specific personal data protection in ESOs is regulated under MCI Regulation No. 20 of 2016 and GR 71/2019. As a general rule of thumb, every collection and processing of personal data must obtain explicit consent from data owners.

The prevailing regulations cover the protection of personal data, including protection on collection, processing, analysing, storage, display, reparation, update, announcement, delivery, dissemination and erasure of personal data conducted by an ESO. While there has yet to be a comprehensive provision on data controllers/data processors under the prevailing laws (pending the issuance of the PDP Bill), the government has started to put more responsibility on ESOs in processing personal data. As the regulator, the MCI has authority to enforce data protection issuances, while the BSSN acts as the overseeing governmental body to consolidate and monitor all elements related to cybersecurity.

As has been discussed, the Indonesian government has already drafted and submitted a draft bill on data protection (the PDP Bill) to the legislature, in which approval is being deliberated. Enactment of the PDP Bill may effectively introduce new provisions similar to the GDPR.

In addition, there are also other sector specific legislations that govern data protection issues, among others, telecommunication, banking, financial services, and health provider services. Under such sectoral regulations, the relevant sectoral agency may become the supervisory body for data protection in the respective sectors.

Protection of children

Child protection online has always been a topic in Indonesia. The covid-19 pandemic especially has driven children closer with technology, with schools in Indonesia opting for distance learning to avoid clusters of covid-19 cases in schools. Along with the increase in adoption of technology by children, the collection and processing of children's data has also increased.

While the regulations do not prohibit children from accessing the internet and providing their data to ESOs, consent for a child's personal data collection is to be provided by their parent or official guardian.6 However, no other provision regarding children's personal data collection and processing is provided under MCI No. 20 of 2016 and GR 71/2019, and the data is generally treated with the same principle as other forms of personal data.

Protection for children online is mainly regulated under the EIT Law and GR 71/2019. Any content that violates decency towards children is a heave offence under the EIT Law, and criminal sanctions of up to one-third heavier than normal can be imposed in addition to that of the principal crime. Furthermore, the government shall block access to content that includes violence and indecency towards children. In addition, the principles of child protection under Law No. 23 of 2002 on Children's Protection, which protect children's rights and covers various issues including indecency and violence against children, also apply.

Cybersecurity

Indonesia currently requires ESOs to certify their electronic system and information protection management system, as provided under GR 71/2019 and BSSN Regulation 2/2020. Part of this certification is to ensure that the electronic system adheres to certain data protection standards, such as the ISO/IEC 27001. Even when the data is stored and processed outside Indonesia, the ESO must ensure that the protection and security of the data complies with the data protection standard in Indonesia at least.

Despite requiring ESOs to implement data protection and security measures, threats of cybersecurity risks will always exist. In the past year alone, Indonesia has already faced two major data breach incidences, each affecting the National Social Security Agency (BPJS) and Tokopedia, the biggest e-commerce platform in Indonesia.

Spectrum policy

i Development

To date, the planning for the use of the national radio frequency spectrum is stated in the allocation table of the Indonesian radio frequency spectrum (the Allocation Table). The Allocation Table is prepared based on the allocation table of radio frequency spectrum contained in the radio regulation concerning the radio frequency spectrum established by the International Telecommunication Union (ITU) – in the 2016 edition of the ITU Radio Regulations. This radio frequency allocation has been regulated by the MCI in MCI Regulation No. 13 of 2018 promulgated on 27 September 2018. The determination of the radio frequency spectrum aims to avoid interference and to establish protocols for compatibility between transmitters and receivers. The Allocation Table is used as a reference for: (1) planning for the use of radio frequency bands (the band plan); and (2) planning for the use of radio frequency channels (the channelling plan).

In 2020 (under the Omnibus Law), Indonesia made major regulatory changes in various business sectors in an effort to create new jobs, give protection, empower cooperatives and micro, small, and medium enterprises, improve the investment ecosystem and ease of doing business, and invest in the government and accelerate national strategic projects, including the telecommunications (spectrum) sector – which was implemented under Government Regulation No. 52 of 2000 on Telecommunications Operation (GR 52/2000), as has been partly amended by GR 46/2021; and MCI Regulation No. 7 of 2021 on the Use of Radio Frequency Spectrum. One of the changes is related to the 'usage of radio frequency spectrum for telecommunications operations', the relevant business license holder may conduct: (1) a transfer of rights to use radio frequency spectrum with other telecommunications operators; and (2) cooperation in the use of radio frequency spectrum (spectrum sharing) for the application of new technology – for the public interest and must not interfere with fair business competition.

ii Flexible spectrum use

Based on MCI Regulation No. 7 of 2021, every use of the radio frequency spectrum must first obtain a license to use the radio frequency spectrum from the MCI. The main provisions of radio frequency spectrum usage require it to (1) be carried out in accordance with the designation; and (2) not cause harmful interference to other radio frequency spectrum users. There are three types of licences for the usage of radio frequency spectrum, namely:

  1. radio frequency band licence (IPFR), for the usage of radio spectrum in the form of radio frequency band;
  2. radio station licence (ISR), for the usage of radio spectrum in the form of a radio frequency channel; and
  3. class licence, granted to individuals and legal entities to operate one or more telecoms devices that use the radio frequency spectrum.

With the amendment of GR 52/2000 and the enactment of MCI Regulation No. 7 of 2021, the flexibility of spectrum usage has improved. The flexibility focuses on frequency management, as described below.

Transfer of rights (not for a temporary transfer) to use radio frequency spectrum

MCI Regulation No. 7 of 2021 stipulates that the license to use a radio frequency spectrum may be transferred to other telecommunication network operator (change of control), in which the right to use the radio frequency band has been determined in the form of IPFR. Furthermore, the transfer of rights in the use of the radio frequency spectrum must obtain approval from the MCI based on its evaluation and shall not be carried out for a temporary transfer.

The transfer of rights in the use of the radio frequency spectrum must be carried out based on certain principles including that there be fair business competition; that it is non-discriminatory; and the upholding consumer protection. Apart from the principles above, the transfer of the right also has other provisions that must be complied with, namely:

  1. that it can be implemented for the entire radio frequency band or part of the radio frequency band listed in IPFR;
  2. that it does not change the validity period of the transferred IPFR; and
  3. the obligations attached to the transferred radio frequency band, including but not limited to the obligation to pay the BHP of the radio frequency spectrum, are shifted to the recipient.

Cooperation in the use of radio frequency spectrum with other telecommunications network operators

The intended cooperation is for the application of new technology with other telecommunication network operators or special telecommunication operators, or both, such as:

  1. for the purpose of operating a mobile cellular network – International Mobile Telecommunications-2020 and the technology developed thereafter;
  2. for train signaling purposes – Global System for Mobile communications Railway technology and the technology developed thereafter; and
  3. for other purposes.

iii Broadband and next-generation services spectrum use

Currently, strategic directions and guidelines in accelerating and expanding comprehensive and integrated Broadband development in Indonesia have not been updated and are still using the Indonesian Broadband Plan (RPI) for the period 2014–2019. The Indonesian government still places infrastructure development as the pillar of digital transformation (a form of acceleration and recovery of the national economy as a result of the covid-19 pandemic). The vision and mission of RPI renewal is to improve the digital connectivity that connects all regions of Indonesia. This concern is proclaimed through the sky toll road (i.e., high-throughput satellite) and sea toll (i.e., broadband sea cables). The development of high-output satellite and broadband sea cables are not only for the sake of the digital economy, but also to accelerate education, for health services and to strengthen the unity and integrity of Indonesia.

At the time of writing, 5G mobile services have entered Indonesia and have continued developing certain area coverage. However, in the context of implementation, the current bandwidths allotted for 5G is less than the ideal requirement. The MCI and government are preparing for the development of the 5G domestic component level (TKDN) and have asked manufacturers to activate software that would allow 5G devices to access the corresponding network. The Indonesian government adopted a neutral technology policy in the implementation of 5G services. Through this policy, the operators are given the freedom to employ and choose the latest technology in the utilisation of radio frequency bands that have been stipulated in their licenses. Several things that the government is currently doing are: (1) increasing the TKDN aspect of 5G devices, synergising with the Ministry of Industry in this regard; (2) conducting application ecosystem development; (3) prioritising 5G-oriented digital talent development; and (4) synchronising policies between the central and regional governments for the deployment of the new 5G infrastructure.

iv Spectrum auctions and fees

Spectrum auctions

The right to use a radio frequency spectrum in the form of a radio frequency band can be granted through several mechanisms, one of which is in the selection process. The selection mechanism is the assortment of radio frequency band users that is carried out in the event that the amount of radio frequency band availability is less than the number of requests or needs, or both.

The selection mechanism is in the form of one or both of:

  1. selection by bidding price (price auction); and
  2. selection without price quote (beauty contest).

Spectrum fee

According to MCI Regulation No. 7 of 2021, only IPFR and ISR incur licence fees in the form of the Right of Frequency Radio Spectrum Fee (BHP). The BHP must be fully paid in advance via bank transfer with host-to-host payment gateway on an annual basis.

The amount of BHP for IPFR shall be determined by the following mechanisms:
(1) selection process mechanism; or (2) calculation mechanism, in accordance with the formula determined by the MCI.

Meanwhile, the amount of BHP for ISR shall only be determined by the calculation mechanism, in accordance with the formula determined by the MCI.

Media

i Regulation of media distribution generally

Business sectors covering the media, including the distribution of audiovisual media in Indonesia such as radio and television broadcast, are regulated by the Broadcasting Law. The Broadcasting Law divides broadcasters into public broadcasters, private broadcasters, community broadcasters and subscription broadcasters.7 The sector is under the supervision of the KPI, an independent body whose responsibility is to regulate and provide recommendations in the area of broadcasting,8 as well as the MCI.

In general, as provided in the Broadcasting Law, both content on broadcasting via traditional media (e.g., television and radio) and digital media (e.g., the internet or other digital platforms) shall not violate the limitations provided by law (e.g., advertisements on alcoholic beverages and cigarette promotion) or anything deemed to be in conflict with public order, morality, religion or the customs in Indonesia.9

In the area of traditional broadcasting platforms, there are several provisions requiring a specific ratio of foreign and local material to be aired. For example, the broadcast content of private broadcasters must contain at least 10 per cent domestic programmes.10 The KPI also issued the Broadcasting Behaviour Guidelines and Broadcasting Programmes Standard in order to guide broadcasting behaviour.11 Despite the foregoing requirements, the authorities have since adopted a more relaxed approach in terms of content delivered over the internet due to the absence of specific regulations on over-the-top (OTT) services.

ii Internet-delivered video content

With the significant increase of internet users in 2021, the OTT service that provides internet-delivered video content has become one of the most sought-after form of content by Indonesians, and is starting to compete with the traditional presence of video broadcasting distribution.

There are currently no comprehensive regulations that regulate OTT services. The Broadcasting Law and GR 46/2021 suggests that business actors (both domestic and foreign) who run OTT services including audio or visual content service platforms can cooperate with telecommunication networks and telecommunication service providers based on fair and non-discriminatory principles.12 However, the provisions regarding cooperation with telecommunication networks and telecommunication service providers, are excluded for business actors in the form of owners and user accounts on social media channels or content platform channels.13 The form and material of the cooperation are carried out in a form agreed upon by the parties.14

Regardless, businesses that deliver OTT services are regarded as electronic service operators and are therefore subject to GR 71/2019. As an electronic systems provider, OTT services are subject to registration requirements in the OSS system.15 Furthermore, although no MCI Regulation specifically regulates OTT services currently, OTT service activities are under the control and supervision of MCI, whereby MCI has now issued MCI Circular Letter No. 3 of 2016 as a guide for business actors who wish to sell OTT services that provide internet-delivered video content.16

The year in review

2020 sees the Indonesian government promulgating the long-awaited Omnibus Law, which has significantly affected regulations in the TMT sector. Along with many of its implementing regulations, the Omnibus Law has reaffirmed the concept of IP-based telecommunication technology, which has long been insufficiently regulated in Indonesia. The introduction of the Omnibus Law has also opened up the possibility of 100 per cent foreign investment in telecommunication services, which were mostly restricted to a maximum of 67 per cent foreign investment.

The covid-19 pandemic has also contributed to significant increases in internet penetration and the use of digital platforms. However, such a rise may have also contributed to an increase of cybersecurity risk. Throughout 2020 and 2021 alone, Indonesia faced two major cybersecurity incidents, affecting BPJS and Tokopedia. This has not even taken into account numerous other data breaches occurring elsewhere.

Regardless, the growth potential of digital market in Indonesia is very big. The high adoption of technology is giving birth to many new tech startups with unlimited potential to grow. Just this year, Bukalapak, an established e-commerce company went public and has become listed on the Indonesia Stock Exchange. We also see two of the biggest tech startups in Indonesia, Gojek and Tokopedia, merge and form the GoTo Group, hailed as the biggest tech startup merger in Indonesia, with a valuation that is estimated to be between US$25–30 billion.17

Conclusions and outlook

Since Indonesia does not have a comprehensive personal data protection law as of yet, the promulgation of the PDP Bill will be a massive addition to complement the currently scattered existing data protection regulations in Indonesia. Considering that the PDP Bill has been talked about heavily within the government and the legislature for the past three years and is in the list of priority bills to be passed, we can expect the PDP Bill to be enacted as law in the near future. This will also considerably affect the data protection environment in Indonesia, with the expected establishment of an independent body to oversee data protection in Indonesia to work alongside the BSSN and the MCI.

In addition, OTT has also been a major topic in the MCI. The issuance of GR 46/2021 signals that the government is becoming more aware of OTT being a substitute for telecommunications services. However, regulating OTT could be challenging considering how OTT operates over the cloud and goes beyond borders and jurisdictions. It could be interesting to monitor how the Indonesian government will approach OTT going forward, and whether the current registration obligation is enough to regulate it.

Footnotes

1 Enrico Iskandar is a partner and Alwin Widyanto Hartanto and Hadyan Farizan are associates at Bagus Enrico and Partners. This chapter was written with contributions from associates Myra Nathania William and Nikolaus Baptista Ruma.

3 BPS, Statistik Telekomunikasi Indonesia 2019, page 62.

4 MCI Regulation No. 17 of 2016 on Guideline of Tarif and Non Tax State Revenue for Telecommunication Organisation Right and Universal Service Obligation: Article 3(2).

5 GR 46/2021: Article 15(1).

6 MCI Regulation No. 20 of 2017: Article 37.

7 Broadcasting Law: Article 13(2).

8 Broadcasting Law: Article 8.

9 Broadcasting Law: Article 46(3).

10 GR 46/2021: Article 72(5).

11 KPI Regulation No. 01/P/KPI/03/2021 and No. 02/P/KPI/03/2012 on Broadcasting Behaviour Guidelines Broadcasting Programmes Standard.

12 GR 46/2021: Article 15(1) and (2).

13 GR 46/2021: Article 15(4).

14 GR 46/2021: Article 15(5).

15 GR 71/2019: Article 6(1) and (3).

16 GR 46/2021: Article 15(7).

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