Electronic System Operator (PSE)

Recently, much news has appeared in the media regarding the Electronic System Operator (PSE) regulations that threaten several large companies such as Google, Facebook, Instagram, and others. The Ministry of Communication and Information (Kemenkominfo) threatened to block all companies that have not registered for the Private Scope Electronic System Operator (PSE) launched by Kominfo.

Before we discuss further PSE, it’s good that we first know what PSE is. According to the official website of the Ministry of Communication and Information, Electronic System Operator (PSE) is every person, state administrator, business entity, and community that provides manages, and/or operates an electronic system individually or jointly to users of electronic systems for their own needs and/or needs of other parties.

Then who should register the PSE? According to the Regulation of the Minister of Communication and Information Number 5 of 2020, those who are obliged to register PSE are Portals, sites, or applications on the network via the internet that are used to:

  1. Provide, manage, and/or operate the offer and/or trade of goods and/or services;
  2. Provide, manage, and/or operate financial transaction services;
  3. Delivery of paid digital materials or content through the data network either by way of downloading through portals or websites, send by electronic mail, or through other applications to the user’s device;
  4. Provide, manage, and/or operate communication services including but not limited to short messages, voice calls, video calls, electronic mail, and online conversations in the form of digital platforms, network services, and social media;
  5. Search engine services, Electronic Information provision services in the form of writing, sound, images, animations, music, videos, films, and games or a combination of some and/or all of them; and/or
  6. Personal data processing for operational activities to serve the public related to Electronic Transaction activities.

The obligation to register the Private Scope PSE must be carried out before the Electronic System begins to be used by Electronic System Users.