Regulation Of The Minister Of Communication And Information No. 1 2013

Original Language Title: Peraturan Menteri Komunikasi dan Informatika Nomor 1 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50bce8fdd0a1f3313233303337.html

BN 124-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 124, 2013 the MINISTRY OF COMMUNICATION and INFORMATICS. The Provision Of Internet Access Services. Subdistrict. Repeal.
REGULATION of the MINISTER of COMMUNICATIONS and INFORMATICS of the REPUBLIC of INDONESIA number 1 by 2013 on the PROVISION of INTERNET ACCESS SERVICES in the AREA of INTERNET TELECOMMUNICATIONS UNIVERSAL SERVICE SUB with the GRACE of GOD ALMIGHTY the MINISTER of COMMUNICATIONS and INFORMATICS of the REPUBLIC of INDONESIA, Considering: a. that the regulation of the Minister of communication and Informatics Number 48/PER/m. KOMINFO/11/2009 on the provision of Internet Access Services in the area of Internet Telecommunications Universal Service Sub as amended by Ministerial Regulation number 19/PER/m. Kominfo/10/2010 yet accommodating and accommodate changing dynamics in the provision of Internet Services of Kecamatan Center (PLIK), PLIK pelimpahan, and the existence of the petition provision PLIK in a particular location;
b. that based on considerations as referred to in letter a and in order to optimize the provision and utilization of Internet Service Center Subdistrict (PLIK), it needs to set a regulation of the Minister of communication and Information about the provision of Internet Access Services in the area of Internet Telecommunications Universal Service Sub;
Remember: 1. Act No. 8 of 1997 about the acceptance of the country instead of taxes (State Gazette of the Republic of Indonesia Number 43 in 1997, an additional Sheet of the Republic of Indonesia Number 14);
2. Act No. 36 of 1999 regarding telecommunications (Gazette of the Republic of Indonesia year 1999 Number 154, additional sheets of the Republic of Indonesia Number 3881);
3. Act No. 17 of 2003 about State Finances (State Gazette of the Republic of Indonesia Number 47 in 2003, an additional Sheet of the Republic of Indonesia Number 4286);
4. Act No. 1 of 2004 on the Treasury of the State (State Gazette of the Republic of Indonesia in 2004, an additional Sheet No. 5 of the Republic of Indonesia Number 4355);
5. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 38 in 2004, an additional Sheet of the Republic of Indonesia Number 4493);
6. Government Regulation Number 73 in 1999 about The use of the acceptance of the State rather than the tax On Certain Activities (State Gazette of the Republic of Indonesia Number 136 in 1999, an additional Sheet of the Republic of Indonesia Number 3871);
7. Government Regulation Number 52 in 2000 about the Organization of telecommunications (Gazette of the Republic of Indonesia year 2000 Number 107, additional sheets of the Republic of Indonesia Number 3980);
8. Government Regulation Number 23 in 2005 about the Agency's financial management public service (State Gazette of the Republic of Indonesia Number 48 in 2005, an additional Sheet of the Republic of Indonesia Number 4502);
9. Government Regulation number 6 in 2006 about the management of Goods belonging to the country/region (State Gazette of the Republic of Indonesia Number 20 in 2006, an additional Sheet of the Republic of Indonesia Number 4609);
10. Government Regulation Number 38 in 2007 about the Division of Government Affairs between the Government, the provincial Government and local Government areas of Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82, an additional Sheet of the Republic of Indonesia Number 4737);
11. Presidential regulation Number 67 in 2005 about the Government's Cooperation with the Agency's efforts in the provision of Infrastructure;
12. the presidential regulation Number 47 in 2009 on the establishment of Ministries and organizations as it has several times changed the last presidential regulation Number 91 in 2011 about the third Change of top presidential regulation Number 47 in 2009 about the formation and organization of the Ministries;
13. Presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties, and functions of the Echelon I Ministries as it has several times changed the last presidential regulation Number 92 in 2011 about the second amendment above presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties, and functions of the Echelon I Ministries;
14. the presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties, and functions of the Echelon I Ministries as it has several times changed the last presidential regulation Number 92 in 2011 about the second amendment above presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties, and functions of the Echelon I Ministries;
15. Presidential regulation Number 54 in 2010 about Government procurement of goods/services as amended by presidential regulation Number 35 year 2011 about changes to the presidential regulation Number 54 in 2010 about Government procurement of goods/services;
16. The decision of the Minister of transportation KM Number 21 in 2001 about the Organization of Telecommunication Services as it has several times changed with regulation of the Minister of communication and Informatics Number 31/PER/m. KOMINFO/09/2008 about a third Change Over the decision of the Minister of transportation KM Number 21 in 2001 about the Organization of Telecommunication Services;
17. The decision of the Minister of transportation KM Number 4 in 2001 about the determination of the Basic National Technical Plan 2000 (Fundamental Technical Plan National 2000) National Telecommunications Development as it has several times changed with regulation of the Minister of communication and Information number: 09/PER/m. KOMINFO/06/2010 regarding changes to the Upper Sixth Decision Meteri Transportation Number KM 4 of 2001 about the determination of the Basic National Technical Plan 2000 (Fundamental Technical Plan National 2000) National Telecommunications Development;
18. Regulation of the Minister of communication and Informatics number 26/PER/m. KOMINFO/5/2007 on utilization of telecommunications network Security Internet Protocol-based as it has several times changed with regulation of the Minister of communication and Informatics Number 24/PER/m. KOMINFO/112/2011 top Third of changes to regulation of the Minister of communication and Informatics number 26/PER/m. KOMINFO/5/2007 about the Safeguards of Internet Protocol-based telecommunications networks;
19. Regulation of the Minister of communication and Informatics Number 29/PER/m. KOMINFO/09/2008 about the Certification tools and Telecommunications Devices;
20. Regulation of the Minister of communication and Informatics number 17/PER/m. KOMINFO/10/2010 about the Organization and the Work of the Ministry of communications and Informatics;
21. Regulation of the Minister of communication and Informatics number 18/PER/m. KOMINFO/11/2010 about the Organization and governance of work providers and Financing Manager Hall telecommunications and Informatics;
22. The decision of the Minister of finance Number 428/KMK. 05/2011 about the setting of Rural telecommunications and Informatics Hall At the Ministry of communications and informatics as government agencies that Implement the Agency's financial management patterns of public service;
Decide: define: REGULATION of the MINISTER of COMMUNICATION and INFORMATION ABOUT the PROVISION of INTERNET ACCESS SERVICES in the AREA of INTERNET TELECOMMUNICATIONS UNIVERSAL SERVICE districts.
CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Minister, is: 1. Telecommunication is any transmission, delivery and/or receipt of any information in the form of signs, signals, writing, images, sounds, and sounds through a system of wire, radio, optical, or other electromagnetic systems.
2. Telecommunications Network is a series of Telecommunications devices and trimmings that are used in bertelekomunikasi.
3. Telecommunications Services are telecommunications services to meet the needs of bertelekomunikasi by using the telecommunications network.
4. Organization of telecommunications is a telecommunications service provision activities so as to allow this telecommunications.
5. Organizing the activities is the provision of telecommunications networks and/or telecommunications network services that allow this telecommunications.
6. Organizing the activities is the provision of telecommunications service and/or telecommunications services that allow this telecommunications.
7. Interconnection is the connectedness between telecommunication networks of telecommunication provider.
8. Internet Protocol (Internet Protocol/IP) is a unique identification number (worldwide) contained in a device that is connected to a network the internet.
9. Universal Telecommunications Service area of the Internet that kecamatan hereinafter abbreviated called WPUT Subdistrict is Internet locations providing services on internet access in remote areas, regions, pioneering areas, border areas, and areas that are not economically viable, as well as the area that is not yet available for public internet access at affordable rates.
10. The central sub-district Internet service hereinafter abbreviated PLIK is a Centre for the provision of services and infrastructure services internet access in the capital town financed through funds Contribution Obligations of Universal Service telecommunications.
11. the PLIK fixed Internet Service Centre is the town placed on a permanent basis in Internet WPUT Subdistrict.
12. PLIK is moving is the central sub-district Internet service that has the ability move (mobile) to reach out to the community that has not yet been reached by PLIK Service that is still in the Internet WPUT Subdistrict.

Information systems management and Monitoring of Internet services of Kecamatan, hereinafter abbreviated to SIMMLIK is a systems management and monitoring PLIK Hall operated by the provider and the provider of the Financing of telecommunications and informatics.

13. Hall providers and Maintainers of telecommunications and Informatics Financing hereinafter abbreviated BPPPTI is Implementing Technical Unit in the Directorate General environment of organizing posts and Informatics who apply financial management patterns of Public Service Bodies (PPK-BLU) was on the bottom and is responsible directly to the Director-General of the Organization of the posts and Informatics.
14. the Minister is the Minister of the organizing Affairs of the Government in the field of communication and informatics.
15. Local Government is the Governor, Governor, or mayor, and other areas as the organizer of local governance.
16. The Director-General is the Director General of the scope of tasks and functions in the field of organizing posts and Informatics.
17. Hall providers and Maintainers of telecommunications and Informatics Financing hereinafter abbreviated BPPPTI is Implementing Technical Unit in the Directorate General environment of organizing posts and Informatics who apply financial management patterns of Public Service Bodies (PPK-BLU) was on the bottom and is responsible directly to the Director-General of the Organization of the posts and Informatics.
18. The technical Implementing Ministry which further shortened UPT Ministries is a Ministry technical working units are in the area.
CHAPTER II the PROVISION of INTERNET ACCESS SERVICES in the AREA of INTERNET TELECOMMUNICATIONS UNIVERSAL SERVICE SUB article 2 (1) the provision of internet access services on the Internet the subdistrict WPUT implemented with provision PLIK in district, consisting of: a. PLIK which are fixed; and b. PLIK which are moving.
(2) PLIK as referred to in paragraph (1) provides the internet access services have: a. data transfer speed (throughput) of at least 256 Kbps (downlink) and 128 Kbps (uplink), based on the results of measurements done from the Server to the SIMMLIK PLIK;
b. b. maximum 750 ms latency, based on the results of measurements done from the Server to the SIMMLIK PLIK; and c. packet loss up to 2% (two perseratuspersenperseratus), based on the results of measurements done from the Server to the SIMMLIK PLIK.
(3) PLIK which is still referred to in subsection (1) letter a consists only of: a. 5 (five) multimedia personal computer and its Operating System (OS);
b. one (1) server application contains a push and store content, billing system and the recording of the user's identity;
c. modem;
d. multifunction printer;
e. peripheral networks;
f. security of networks;
g. meubeller for computers;
h. power supply;
i. backup power supply;
j. list of tariffs; and k. Locator signs and signs nameplate.
(4) the nature of the moving PLIK as referred to in paragraph (1) letter b composed of: a. 5 (five) multimedia personal computer and its Operating System (OS);
b. one (1) server application contains a push and store content, billing system and the recording of the user's identity;
c. modem;
d. multifunction printer;
e. peripheral networks;
f. security of networks;
g. meubeller for computers;
h. power supply;
i. backup power supply;
j. list of tariffs;
k. vehicle wheels 4 (four) or other mode of transportation; and l. PLIK identifier that is mounted on a vehicle or other mode of transportation.
(5) further Provisions regarding auction documents arranged in PLIK set by Chief BPPPTI.
Article 3 (1) in addition to on WPUT sub-district Internet as stipulated in article 2 paragraph (1), provision may be added in the PLIK certain locations based on the proposal from: a. the Ministries/Agencies;
b. the Government of the region;
c. community groups; and/or d. other institutions in need.
(2) BPPPTI will do an evaluation and verification against the proposed provision PLIK locations as mentioned in subsection (1).
(3) BPPPTI PLIK provision set in specific locations based on the results of the evaluation and verification as referred to in paragraph (2).
Article 4 (1) Each should be connected to the SIMMLIK PLIK which is managed and operated by BPPPTI.
(2) every PLIK must use internet access from SIMMLIK.
(3) SIMMLIK implemented by the BPPPTI in accordance with the regulations, which serve as: a. system providing access to the internet;
b. monitoring and system management devices and networks; and c. content distribution Management Center.
(4) the content referred to in paragraph (2) Letter c is content that is safe, healthy, and supportive of the economy and educational activities including supporting creative industries.
(5) SIMMLIK must be connected to the Internet Exchange that is managed and operated by BPPPTI.
(6) the provisions concerning SIMMLIK and Internet Exchange in accordance with the provisions of the legislation.
WPUT sub-district Internet article 5 referred to in article 2 paragraph (1) established by the Director General after coordinating with relevant agencies and/or consider input from the public.

CHAPTER III the CENTRAL PROVIDER of INTERNET SERVICES of KECAMATAN article 6 (1) the provider specified by PLIK the competent authority in accordance with the provisions of legislation based on the auction process conducted by the head of the BPPPTI.
(2) the auction procedures referred to in subsection (1) is designated by the head of the BPPPTI in the auction in accordance with the legislation.
Article 7 (1) a Prospective provider PLIK can follow auctions PLIK provision is the internet access service provider (internet service provider).
(2) internet access service provider (internet service provider) as referred to in paragraph (1) can do a partnership with the other party that its partnerships led by the internet access service provider (internet service provider).
(3) CCalon PLIK providers can participate in more than one (1) package of work.
(4) the prospective provider PLIK can become the winner of the auction is more than one (1) package of work.
(5) the provisions regarding the composition of the work package set further in document auction set by Chief BPPPTI.
Article 8 (1) of the assessment Parameters in the implementation of the auction provision PLIK at least cover: a. magnitude of the costs of providing PLIK;
b. the most efficient routing (least cost routing); and c. the quality of operation and maintenance PLIK.
(2) further Provisions regarding the parameters of the assessment referred to in subsection (1) is set out in document auction set by Chief BPPPTI.
CHAPTER IV RIGHTS and OBLIGATIONS of the PROVIDER of INTERNET SERVICE CENTER SUB article 9 PLIK Provider reserves the right to: a. use an existing internet technologies to suit the needs and objectives of providing PLIK;
b. got payment for costs provision PLIK; and c. obtain the entire revenue from the proceeds of PLIK.
PLIK Providers article 10 obliged to: a. use the tool and/or telecommunications device that has obtained a certificate from the Directorate General of Post and device Resources and Informatics;
b. using capital expenditures (capex/capital expenditure) at least 35% (thirty-five persenseratus) for purchases of domestic production;
c. emphasis on the use of software based on open source, with a provision to set up further in document auction set by the head of the BPPPTI;
d. using the Internet Protocol (IP) Public in each server PLIK and convey user identity the IP Public periodically to BPPPTI;
e. mmelakukan PLIK top financial bookkeeping and reporting periodically to the BPPPTI;
f. establish, operate, maintain and service facilities and infrastructure based on the number and level of PLIK quality of service as set forth in the contract between the provider with BPPPTI PLIK;
g. ensure the interoperability of the internet access service system built with systems belonging to other internet access service provider;
h. PLIK operates are fixed for internet services at least 8 (eight) hours a day;
i. operating PLIK which are moving to the internet service of at least four (4) hours a day and provides education and dissemination of information at least four (4) hours a day according to the characteristics of the job Pack's territory was won;
j. enacting tariff services affordable internet access and compete in accordance with government subsidies given to the community, that the adjustment is regulated further in document auction set by the head of the BPPPTI;
k. provide a complaints service users; and b. provide the phone number of the user's complaint, at least at the district level;
d. do an internet network security in accordance with the provisions of the legislation.
Chapter V OPERATION, maintenance and PELIMPAHAN PLIK Part the Union operation and maintenance section 11 (1) for the operation and maintenance of facilities, providers of mandatory PLIK PLIK works closely with communities and/or small and medium enterprises (SMEs).
(2) for the operation and maintenance of the facilities of the nonprofit PLIK moves, mandatory mandatory PLIK Providers in cooperation with local Government by involving the community and/or small and medium enterprises (SMEs).
(3) the participation of the community and/or small and medium enterprises (SMEs) as well as local Government referred to in paragraph (1) and paragraph (2) was done based on a cooperation agreement. in writing.
The second part Pelimpahan article 12 (1) the local authorities and/or the Ministry wanted the UPT pelimpahan PLIK are moving assets can apply to the provider PLIK at least 6 (six) months prior to the contract period ends to be evaluated.
(2) based on the results of the evaluation of application referred to in subsection (1), PLIK Provider is obligated to grant a outcome of all assets which are movable PLIK provision to local authorities and/or UPT Ministry after the contract ended.

(3) local governments and/or UPT Ministries who want pelimpahan PLIK assets which are mandatory immobilized allocate budget to bear the costs incurred due to pelimpahan of assets, include, among others, include: a. the cost of training and technical guidance;
b. PLIK operating costs; and c. any other fee required.
(4) in the event that there is no regional government and/or the Ministry wanted the UPT pelimpahan PLIK provision assets are moving as intended in paragraph (1), BPPPTI PLIK Providers upon approval can relocate pelimpahan to: a. local governments and/or other Ministry UPT;
b. community groups; and/or c. other institutions in need.
(5) the provisions concerning the procedures for the provision of the results of the asset pelimpahan PLIK are moving further regulated in the contract documents.
Article 13 (1) ministries/agencies, local governments, community groups and/or other institutions who wanted the pelimpahan PLIK assets which are fixed in certain locations as mentioned in article 3 paragraph (1) may apply to the provider PLIK at least 6 (six) months prior to the contract period ends to be evaluated.
(2) based on the results of the evaluation of application referred to in subsection (1), PLIK Provider is obligated to grant a outcome of all assets of the nonprofit keep PLIK provision in a particular location to ministries/agencies, local governments, community groups and/or, other institutions in need after the contract ended.
(3) the ministries/agencies, local governments, community groups and/or other institutions who wanted the pelimpahan PLIK assets in certain locations as mentioned in subsection (2) is required to allocate the budget to bear the costs incurred due to pelimpahan of assets, include: a. the cost of training and technical guidance;
b. PLIK operating costs; and c. any other fee required.
(4) in the event that there are no ministries/agencies, local governments, community groups and/or other institutions who wanted the pelimpahan PLIK provision assets which are fixed at a specific location, BPPPTI PLIK Providers upon approval, can relocate the pelimpahan PLIK assets to local governments and/or other ministries of the UPT.
(5) the provisions regarding the procedures for pelimpahan all the assets of the nonprofit PLIK provision results remained at a specific location regulated further in document contracts.
Article 14 (1) the assets of the nonprofit PLIK move and/or PLIK which are fixed in certain locations that have been submitted by PLIK Provider to local governments and/or Ministries UPT became State-owned Goods that are managed by the local authorities and/or UPT Ministry.
(2) local governments and/or ministries get UPT pelimpahan PLIK assets are moving and/or the fixed PLIK in certain locations as mentioned in subsection (1) is obligated to maintain and operate the PLIK in accordance with its function as the central Internet service KecamatanPLIK.
Article 15 (1) of the Fixed Assets PLIK in specific locations that have been turned over to community groups and/or other institutions that need to become proprietary community groups and/or other institutions.
(2) community groups and/or other institutions that get pelimpahan PLIK assets which are fixed in certain locations as mentioned in subsection (1) is obligated to maintain and operate the PLIK fixed at a specific location in accordance with its function as the central Internet service KecamatanPLIK.
CHAPTER VI article 16 CONTRACT (1) the contract is the provision of multiple years are PLIK (multiyears) for a period of 48 (forty-eight) months of service and its implementation in accordance with the provisions of the legislation.
(2) contract provision PLIK as mentioned on paragraph (1) may be extended based on the results of the evaluation of all Miroslav available and in accordance with the provisions of the legislation.
(3) the provisions concerning the evaluation as referred to in paragraph (2) is subject to contract further in the evaluation guidelines established by the head of the BPPPTI.
Article 17 (1) payment for costs provision PLIK given based on the readiness and performance-based service function of: a. the provision;
b. operation; and c. maintenance.
(2) further Provisions regarding payment of the costs referred to in subsection (1) is set in the contract provision PLIK.
CHAPTER VII SANCTIONS Article 18 violation of provisions in the regulations the Minister is penalized in accordance with the legislation.

CHAPTER VIII MONITORING and CONTROL article 19 (1) monitoring and control over pelaksanaa against the ministerial regulation is carried out is done by the Director General.
(2) In melakukanaksanakan monitoring and control as referred to in paragraph (1), the Director General can coordinate with the local government.
Article 20 in terms of monitoring and control operations in the field, Minister PLIK can form a team monitoring and control.

CHAPTER IX TRANSITIONAL PROVISIONS Article 21 (1) activities the provision of Internet access services in the area of Internet Telecommunications Universal Service Sub that was implemented before the enactment of the regulations the Minister is defined as the provision of Internet Access Services in the area of Universal Service TelekomunikasiWPUT Internet Subdistrict.
(2) the contract is the provision of Internet Access Services in the area of Internet Telecommunications Universal Service Sub that was signed before the entry into force of this regulation of the Minister stated remains valid until the end of the contract period.
CHAPTER X the COVER section 22 at the time of this ministerial regulation came into effect: a. the regulation of the Minister of communication and Informatics Number 48/PER/m. KOMINFO/11/2009 on the provision of Internet Access Services in the area of Internet Telecommunications Universal Service Sub; and b. the regulation of the Minister of communication and Informatics number 19/PER/m. KOMINFO/11/2009 concerning changes to the Ministerial Regulation Number 48/PER/m. KOMINFO/11/2009 on the provision of Internet Access Services in the area of Internet Telecommunications Universal Service Sub c. revoked and declared inapplicable.
Article 23 this Ministerial Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.

Established in Jakarta on January 2, 2013, MINISTER of COMMUNICATIONS and INFORMATICS of the REPUBLIC of INDONESIA, TIFATUL SEMBIRING Enacted in Jakarta on January 22, 2013 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();