Here is What Has Been Discussed in the eCommerce Bill

Ilustrasi (dok)

JAKARTA (IndoTelko) - Ministry of Trade on Wednesday (17/6) carried out a public consultation on the Government Bill (RPP) on Trading through Electronic Systems or eCommerce.

In documents that have been circulated in the media, this Bill will contain 87 Articles in order to regulate business potential which this year reportedly could reach US $25 billion.

The government's aim in issuing this regulation is to foster the trust of the consumer so that people feel secure transacting online. This bill is planned to regulate businesses that must be clearly identified to avoid anonymous transactions as well as to determine the business as a manufacturer or distributor.

Not only for businesses, product specifications must also be clear in detail in order to avoid a mismatch between the goods ordered by being sent to consumers.

Then the bill regulates on the payment mechanisms which must be clear and precise in order to avoid losses for sellers and buyers. Last, the bill regulates on delivery mechanisms which should be made clear about delivery method and certainty when and how consumer receive their goods.

For issues such as corporate identity licensing numbers and permit trading through the electronic system will be provided by the Ministry of Trade to the seller and eCommerce players, which the mechanism details will be arranged in the form of Ministerial Regulation.

Government's Role
In detailing the four regulated matters, then the government's role or obligations is to issue registry marks, provide special permit for trading electronically.

Then, to receive and inventory the consumer loss report, published a list of priority control, a policy of personal data delivery.

Monitor eCommerce player’s cooperation with their payment and the delivery of goods system. Organize and establish an electronic security standards system in the payment system administration.
Conduct training, improving the competence of entrepreneurs. Lastly, to supervise and impose sanctions.

Players Obligation
The draft also regulate the players or traders obligations to be subject to the common trade law of Indonesia and shall submit correct, clear, and honest information about their identity of legal subjects, conditions, and guarantees the goods or services being traded.

Traders are also required to have a business license and meet the terms and conditions PTPSME. For the Commerce which has an electronic trading system are required to have special permission from the Minister of Trade. Finally, traders are obliged to provide a period of time for consumers to exchange their goods.

As for the eCommerce platform also has the obligation to submit the correct, clear and honest information about the identity of legal subjects, conditions and warranties goods or services traded.
Platform owners are also required to register their electronic system to the Ministry of Trade and must have an Indonesian domain or dot Id.

In order to avoid illegal content eCommerce owners, it is required to present a license and / or provide a means of control of technology or other means of public complaints against illegal content.

The draft will also regulate the consumer to provide a clear identity. Responsive and follow the terms and conditions for transactions conducted. Next is to bear losses on omissions, replace the shipping costs when making exchange of goods.

Need Fixing
Chairman of the Indonesian E-Commerce Association (IDEA) Daniel Tumiwa assessed the draft is still needs an improvement.
According to IDEA, from the matrix of the draft can be seen a few points that are very harmful to the industry.

First, from the "businesses" definition that does not reflect the circumstances, models and e-commerce business practices in the marketplace today. It should be understood that e-commerce is much wider than e-retail.

Besides e-retail, there are many other business models that need to be accommodated, such as classified ads, market place, and daily deals. Each of these business models need to be approached by different regulations.

The registration obligation which is known as Know Your Customer (KYC), which does not make sense to be implemented by market place and classified ads business models. It will directly kill the players.

He suggested, learning from other countries that have more advanced in terms of eCommerce where the regulations are made to be a balance between the protection of consumers, sellers, and organizer of the platform.

The United States, for example have a "safe harbor policy" that limits the legal liability of the organizers of the platform based on the principles of justice. It is very important to build a supporting business climate for businessmen.

"We urge the government to immediately revise the drafting process of this bill. Immediately engage the industry players in the group discussions, give access to the complete draft, and give at least 30 days to evaluate these dozens article," he said. (es)