JAKARTA (IndoTelko) - Ministry of Communications and Informatics (Kominfo) was not yet completed the revision of Government Regulation No.82 of 2012 regarding Electronic Systems and Transaction Administration (Regulation 82).
The revision of Regulation 82 required by Electronic System Provider (ESP) as legal certainty, especially regarding data center placement in Indonesia.
If it refers to the paragraph 17 of the original Regulation 82, which was enacted since October 2012, ESP for public service shall place the Data Center and Disaster Recovery Center in the territory of Indonesia for the purposes of law enforcement, protection and enforcement of state sovereignty.
"About the issue (data center), we should wait for the revision of Regulation 82. It is still being discussed," said Menkominfo Rudiantara.
He disclosed, in every discussion regarding the revision, data center issue is no longer about the obligation of placement but on the classification of data.
"Is it classified as strategic data or not. We call it strategic if it experiencing process, interactive, and for the public use. If so, it means data center must be placed in Indonesia. If it only database and static, it is not too necessary," he said.
He added that in the revision, the government will appoint some authorized party to declare the classification, based on related sector. "For example, finance. Bank Indonesia and the Financial Services Authority (OJK) most entitled to determine it. We push the sector to determine it because they know best what they need," he said.
No Need to Build Data Center
According to E-Business Director of the Ministry of Communications and Informatics (Kominfo), Azhar Hasyim, the most intense issue of the revision of Regulation 82 is indeed an obligation for ESP to place its data center in Indonesia. This is important to maintain the sovereignty of the state and protecting the data of its citizens.
However, Azhar stressed that the government did not require PSE to do physical construction of data centers in the country anymore.
"The important thing is its cloud computing technology should stay here. So we can get their ID and password," he said.
Regulation 82 is one of the derivatives of the Electronic Information and Transaction Law (UU ITE). Unfortunately, the rules contained in paragraph 17 of Regulation 82 have not been implemented since this regulation was enacted in 2012.
In order to welcome the passage of this rule, many investors have poured funds to build data centers in Indonesia.(es)