Enactment of Law on Second Amendment to EIT Law
This Newsflash is a continuation of our previous Newsflash with respect to the Second Amendment to Law No. 11 of 2008 on Electronic Information and Transactions as amended by Law No. 19 of 2016 (the “EIT Law”). As noted in our previous Newsflash, the House of Representatives (in Indonesian language, Dewan Perwakilan Rakyat or DPR) approved the bill on the Second Amendment of the EIT Law (the “Approved Bill”) on December 5, 2023. Thereafter, the President had 30 (thirty) days to enact the Approved Bill into a Law.
On January 2, 2024, the President enacted Law No. 1 of 2024 on the Second Amendment of the EIT Law (“Law 1/2024”).
We found no major differences between the Approved Bill ad Law 1/2024, save for an addition of the amendment of Article 45B of the EIT Law as we set out below. For further details on the amendments stipulated under Law 1/2024 (previously referred to as the Approved Bill), please refer to our previous Newsflash: AKSET Newsflash – Further Amendments to EIT Law Approved by DPR.
Under Law 1/2024, Article 45B of the EIT Law is slightly amended so that the criminal sanction stipulated under such Article applies to any party that intentionally and without rights sends any Electronic Information and/or Electronic Documents directly to the victim which contains a threat of violence and/or fear as referred to in Article 29 of the EIT Law. Prior to Law 1/2024, there was no wording of “directly to the victim” in Article 45B of the EIT Law.
Please note that Law 1/2024 expressly stipulates that certain provisions shall be further governed by a Government Regulation, such as, provision regarding Electronic Certification services, protection of children who use or access Electronic System, and administrative sanctions for the failure to provide the foregoing protection. We will monitor the development and issue further updates as relevant.
AKSET
Please contact Johannes C. Sahetapy-Engel (jsahetapyengel@aksetlaw.com), Clara Anastasia So (canastasia@akstlaw.com), or M. Fatih Satria Kasmaliputra (mkasmaliputra@aksetlaw.com) for further information.
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