Law Concerning Telecommunications Considered Out of Date

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Tips to Overcome Fraud Using Social Engineering Mode", "The Ministry of Maritime Affairs and Fisheries of Indonesia has arrested an Illegal Chinese Ship in Bali", you may read also "Burberry Plans to Lay Off 1,700 Employees" and on this occasion we will discuss about 'Law Concerning Telecommunications Considered Out of Date'.

Law Number 36 of 1999 concerning Telecommunications is considered out of date and no longer relevant to the increasingly massive technological developments today. The government has also been asked to review the law so that the domestic industry can be sustainable in the future. The Association of Indonesian Telecommunications Providers (ATSI) revealed that the definition of telecommunications is now broader, no longer limited to telephone services as in the past. "Can telephone services via applications be defined as telecommunications services? The law says it is a telecommunications service because the definition of any telecommunications that conveys voice from A to B is telecommunications. But, in fact (currently) it is not," said Deputy Chairman of ATSI Merza Fachys.[1]

"They (over the top/OTT services) are free, not telecommunications services because if that is stated as telecommunications services, then there are other demands, right, there must be QoS (Quality of Service), it must be like this. There are rules that must be met, there must be no dropped calls, this and that. Meanwhile, telephones still follow all of that, we must report QoS every month. So, what about this?," said Merza. Still referring to the Telecommunications Law, Merza said that in it it alludes to industry players being divided into two, namely network providers and service providers. Meanwhile, on the other hand, digital providers have emerged that are not included in the rules because the situation is very different, especially since they are not subject to obligations like network providers or service providers. For this reason, ATSI asked the government to formulate the meaning of digital services which then also updated the 16-year-old Telecommunications Law. "I apologize to those who are pitiful, I say that the ones who are pitiful are telecommunications players because their obligations are still the same as before. It's still like they control all kinds of things in this industry, even though they don't anymore, others are the ones who now control everything in this industry, they have no obligations. Let's reorganize. This arrangement is very urgent, let's discuss it in the forum," said Merza.[2] And if you have any legal issue in Indonesia territory, contact us for business inquiry, feel free in 24 hour, we will be glad to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

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Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

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References:

1. "UU Telekomunikasi Sudah Usang, Google Cs Untung yang Lain Buntung", www.detik.com., Agus Tri Haryanto, 16 Mei 2025, Link: https://inet.detik.com/telecommunication/d-7916541/uu-telekomunikasi-sudah-usang-google-cs-untung-yang-lain-buntung

2. Ibid.