In January 2nd, 2024, President Jokowi has signed Law No. 1 of 2024 on the Second Amendment to the Law No. 11 of 2008 on Electronic Information and Transactions ("ITE Law Second Amendment"). The ITE Law Second Amendment is the second amendment which has previously been passed by the House of Representatives of the Republic of Indonesia on December 5th, 2023. Following Jokowi's signing, the ITE Law Second Amendment officially comes into effect.

ITE Law Second Amendment added several new provisions in Law No. 11 of 2008 jo. Law No. 19 of 2016 on Electronic Information and Transactions ("ITE Law"). Those several changes are hoped could be a legal standing to address the evolving of Indonesia's digital sphere, which intended to protect individual rights in digital world, including in electronic transactions, and intellectual property rights. Here are several revisions in ITE Law Second Amendment to the ITE Law:

Electronic Criminal Legal Formulation Important Points Change or Addition
The Article 27 Paragraph (3) of the ITE Law This article prohibits anyone from, intentionally and without rights, distributing and/or transmitting and/or making accessible Electronic Information and/or Electronic Documents which contain insulting and/or defamatory content.
The Article 28 Paragraph (1) of the ITE Law This article prohibits anyone from, intentionally and without rights, spreading false or misleading news which effect in consumer losses in electronic transactions.
The Article 28 Paragraph (2) and (3) of the ITE Law This article prohibits spreading false or misleading news as well as actions that cause feelings of hatred or hostility based on Ethnicity, Religion, Race, and Intergroup/Suku, Agama, Ras, dan Antargolongan (SARA).
The Article 29 of the ITE Law The "Personal" phrase was removed in this article on threat of violence. Originally, on the previous ITE Law was contained threats of violence or fear that were directed personally. With the ITE Law Second Amendment, the Article 29 of the ITE Law is amended to become "Every person intentionally and without the right to send electronic information and/or electronic documents directly to victims containing threats of violence and/or fear".
Foreign Electronic Certification Provider Removal Important Points Change or Addition
The Article 13 of the ITE Law This article removed the provisions regarding Foreign Electronic Certification Provider/Penyelenggara Sertifikasi Elektronik Asing. Not only that, the ITE Law Second Amendment also added new provisions in the Article 13 of the ITE Law, stipulating that the Electronic Certification Providers now can provide services in the form of electronic signatures, electronic seals, recorded electronic delivery services, website authentication, preservation of electronic signatures or seals, also digital identity or another services that use electronic certificates.
Indonesian Law as Choice of Law Important Points Change or Addition
The Article 18A of the ITE Law ITE Law Second Amendment also regulates the choice of law for the cross-border electronic contract. In the Article 18A of the ITE Law, it is explained that an international electronic contract governing an electronic system that is provided by Electronic Providers System ("PSE") which includes standardized clauses must be regulated by Indonesian Law if fulfilled one or all of the following conditions: a) the user of the electronic system is from Indonesia and give their consent within the Indonesian jurisdiction, b) the electronic system is accessed from Indonesia, and/or c) the PSE a place of business or carries out business activities in the Indonesian territory.
Government Intervention to PSE Important Points Change or Addition
The Article 40A of the ITE Law In the Article 40A Paragraph (2) of the ITE Law, it is explained that the government has the authority to order PSE to make adjustments to or take certain actions to encourage the creation of a fair, accountable, safe, and innovative digital system. If the PSE did not abide the Article 40A Paragraph (2) of the ITE Law, they are sanctioned with administrative sanctions, written warnings, fines, temporary suspension, up to and/or termination of access from products, services, and features that it develops and organizes.
Children Protection on Electronic Systems Important Points Change or Addition
The Article 16A of the ITE Law Another important substance of the ITE Law Second Amendment is the addition of rules that emphasize the protection to children who use or access electronic systems. The rules reflected in the Article 16A of the ITE Law Second Amendment which regulates the PSE must provide protection for children who use or access electronic systems. Protection of children's rights as mentioned in the ITE Law Second Amendment includes the use of products, services and features developed and organized by PSE. With the ITE Law Second Amendment, it is expected that there will be an improvement in acknowledging and respecting the rights of users in optimizing their use and utilization of information technology not only for adults, but also for children as well.

Written by:  R. Bayu Perdana,  Shabrina Hanifa and  Nadya Hanifah 

Originally published on the 12th of February, 2024.

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