presented at: wsis follow-up and implementation : action line facilitation meeting e : bussiness : e...
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Presented at:WSIS Follow-up and Implementation : Action Line Facilitation meeting E : Bussiness : E Commerceas a Key Facilitation forSME CompetitivenessITU, Geneve, 22 May 2008
Linking Trade Facilitation and Legal Frameworks : Indonesian Experience in the context of Harmonisation of ASEAN e - Commerce
Outline Harmonization of ASEAN e - Commerce
- ASEAN e Commerce Legislation Developments - Progress E-Commerce Legislation in ASEAN - The e ASEAN Roadmap Indonesian Experiences - Indonesia Brief Facts - Government Efforts - Regulatory Tools - e Commerce Legislation - Cybercrime - ID SIRTI Summary
Country e-commerce laws (2004)
e-commerce laws (2008)
Brunei Enacted Enacted
Cambodia None Draft
Indonesia None Enacted
Laos None Draft
Malaysia None Enacted
Myanmar Draft Enacted
Philippines Enacted Enacted
Singapore Enacted Enacted
Thailand Enacted Enacted
Vietnam None Enacted
Progress E-Commerce Legislation in ASEAN
The e ASEAN Roadmap for e – commerce include
» Measure 78: Enact domestic legislation to provide legal recognition of electronictransactions (i.e. cyber-laws) based on common reference frameworks. (Deadline: 31 December 2008)
» Measure 79: Facilitate cross-border electronic transactions and the use of electronicsignatures (Deadline: 31 December 2009)
Indonesia Brief Facts (1)
Area of services: nationwide (1.86mill km2, 220mill people)
Provided by: – 4 fixed telephone providers– 10 mobile telephone providers– 1 satellite provider
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
10-25% penetration at urban area
0.2% penetration at rural area
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**
Indonesia Brief Facts (3)Rapid Increase of Capacity & Fraud
2001 2002 2003 2004 2005 2007
-
2001 2002 2003 2004 2005 2007
-
2005 2006 20072005 2006 2007
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
Government Efforts
Prommote partnership between public and private sector
Enacted Laws on information & electronic
transaction
Formed ID-SIRTII (Indonesia Security Incident Response Team on Internet Infrastructure)
Regulatory Tools
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)
Indonesia E-Commerce Legislation (1)
The law on Information and Electronic Transaction no 11 / 2008 is now enacted
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
Proof to the world community, that Indonesia is fighting against cyber crime
Indonesia E-Commerce Legislation (2)
The Law addresses a wide range of issues - enabling Electronic Transactions and Electronic crontracting - Domain names and Intelectual Properties - Privacy - Content Regulatoin - Cybercrime
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
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
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
The institution consist of government, law enforcer, and professionals
The institution operate independently and highly supported by national internet stakeholders
National internet stakeholders including national ISP association, national ICT communities, etc.
Summary
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
It is a paramount importance to promote partnership between public and private sector : Formed ID-SIRTII (Indonesia Security Incident Response Team on Internet Infrastructure)
Thank you for your attentionWe look forward to your inputs and questions
Sofi Soeria AtmadjaMinistry of Telecommunications and
ICTGeneral of Posts and
TelecommunicationsRepublic of Indonesia
Email: [email protected]