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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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COUNTRY NEWS
REPUBLIC OF INDONESIA

No. 124, 2013 MINISTRY OF COMMUNICATIONS AND INFORMATICS. Provision of Internet Access Services. The district. Revocation.

MINISTER OF COMMUNICATIONS AND INFORMATICS
REPUBLIC OF INDONESIA
No. 1 YEAR 2013
ABOUT
PROVISION OF INTERNET ACCESS SERVICES IN THE SERVICE AREA
UNIVERSAL TELECOMMUNICATIONS INTERNET

BY THE GRACE OF ALMIGHTY GOD
MINISTER OF COMMUNICATIONS AND INFORMATICS
REPUBLIC OF INDONESIA,

Weighing: a.that Regulation of Minister of Communications and Informatics Number 48 /PER/M. KOMINFO/11/ 2009 on the Provision Of Internet Access Services On The Universal Service Area Of Internet Telecommunications, as amended by the Minister's Ordinance. The number 19 /PER/ M. Kominfo/10/2010 has not accommodated and accommodates the dynamics of changes in the provision of the Subdistrict Internet Service Centre (PLIK), PLIK devolution, and the presence of PLIK provision in certain locations;
b. that based on consideration as intended in the letter a and in order to optimize the provision and utilization of the Subdistrict Internet Service Center (PLIK), it needs to establish the Minister of Communications and Informatics Ordinance on the Services. Internet access in the Universal Service Area of Telecommunications Internet Subdistrict;

Given: 1. Law No. 20 of 1997 on Reception of State Not Tax (State Sheet of the Republic of Indonesia of 1997 No. 43, Additional Gazette Republic of Indonesia Number 3687);
2. Act Number 36 Year 1999 on Telecommunications (State Of The Republic Of Indonesia In 1999 Number 154, Additional Sheet Of The Republic Of Indonesia Number 3881);
3. Act Number 17 Year 2003 on State Finance (Sheet State Republic Of Indonesia In 2003 Number 47, Additional Sheet Of State Republic Of Indonesia Number 4286);
4. Act No. 1 of 2004 on the State Treasury (State Gazette 2004 Number 5, Additional Gazette Republic of Indonesia Number 4355);
5. Law No. 32 Year 2004 on Regional Governance (State Sheet Indonesia Year 2004 Number 38, Additional Gazette Republic of Indonesia Number 4493);
6. Government Regulation No. 73 of 1999 on the Tata Terms of Use of State Reception Not Taxes Sourced To Certain Activities (Sheet State Of The Republic Of Indonesia In 1999 Number 136, Additional Sheet Of State Republic Of Indonesia Number 3871);
7. Government Regulation No. 52 Year 2000 on the Hosting Of Telecommunications (Sheet State Of The Republic Of Indonesia In 2000 Number 107, Additional Sheet Of State Republic Of Indonesia Number 3980);
8. Government Regulation No. 23 Year 2005 on Financial Management of the Public Service Agency (State Gazette 2005 Number 48, Additional Gazette Republic of Indonesia Number 4502);
9. Government Regulation No. 6 Year 2006 on Management Of Goods Belonging To State/Area (Sheet State Of The Republic Of Indonesia In 2006 Number 20, Additional Sheet Of State Republic Of Indonesia Number 4609);
10.2007 Government Regulation No. 38 Year 2007 on the Partition of Government Affairs between Government, Provincial Regional Government and the District/City Government Area (State Gazette Indonesia number 82, Additional Gazette of the Republic of Indonesia) Indonesia Number 4737);
11.Regulation of the Presidential Number 67 Year 2005 on Government Cooperation with the Agency in Infrastructure Supplies;
2014 Presidential Decree No. 47 of 2009 on the Establishment and Organization of the Ministry of State as amended last by the Presidential Regulation No. 91 of 2011 on the Third Amendment to the Regulation of Presidential Number 47 Years 2009 on the Establishment and Organization of the Ministry of State;
13.4 Presidential Regulation No. 24 of 2010 on Occupation, Duty, and Functions of the Ministry of State and the Functions of the Organization, Duty, and Functions of the Ministry of State as amended last several times with the Presidential Regulation Number 92. 2011 on the Second Amendment to the Presidential Regulation No. 24 of 2010 on Occupation, Duty, and Functions of the Ministry of State as well as the Organizational Functions, duties, and Functions of the Ministry of State;
14.7 Presidential Regulation No. 24 of 2010 on Occupation, Duty, and Functions of the Ministry of State and the Functions of the Organization, Duty, and Functions of the Ministry of State as it has been several times amended last with the Presidential Regulation Number 92 2011 on the Second Amendment to the Presidential Regulation No. 24 of 2010 on Occupation, Duty, and Functions of the Ministry of State as well as the Organizational Functions, duties, and Functions of the Ministry of State;
15.4 Presidential Regulation No. 54 of 2010 on the Acquisition of Goods/Services as amended by the Presidential Regulation No. 35 of 2011 on the Changes to the Presidential Regulation No. 54 of 2010 on the Absence Of Goods/Services Government;
16.Decree of the Minister of Transportation Number KM. 21 of 2001 on the Hosting Services as having been several times amended last with the Regulation of the Minister of Communications and Informatics Number 31 /PER/M. KOMINFO/09/ 2008 about Changes Third In The Decree of Minister Perrelation Number KM. 21 Year 2001 on the Hosting Of Telecommunications Services;
17.Decree of the Minister of Transportation Number KM.4 of 2001 on the Redemption of the National Technical Basic Plan 2000 (Fundamental Technical Plan National 2000) National Telecommunications Development as has been several times amended last with Regulation Minister of Communications and Informatics Number: 09 /PER/ M. KOMINFO/06/2010 on the Sixth Amendment to the Decision of Meteri Perrelation Number KM.4 of 2001 on the Redemption of the National Technical Basic Plan 2000 (Fundamental Technical Plan National 2000) National Telecommunications Development;
18.Regulation of the Minister of Communications and Informatics Number 26 /PER/M. KOMINFO/5/ 2007 on Securing The Utilization Of The Internet Protocol-based Telecommunications Network as it has been several times amended last with the Regulation of the Minister of Communications and Informatics Number 24 /PER/M. KOMINFO/112/ 2011 on Third Amendment to the Ordinance of the Minister of Communications and Informatics Number 26 /PER/M. KOMINFO/5/ 2007 about the Security Network Security-based Security Protocol;
19.7) The Rules of the Minister of Communications and Informatics No. 29 /PER/M. KOMINFO/09/ 2008 on the Certification of Tools and Telecommunications Devices;
20. Regulation of the Minister of Communications and Informatics Number 17 /PER/M. KOMINFO/10/ 2010 about the Organization and the Working Governance of the Ministry of Communications and Informatics;
21.00 Minister of Communication and Informatics Regulation No. 18 /PER/M. KOMINFO/11/ 2010 on the Organization and Workforce Hall of Provider and Management Management and Information Management (INFORMATICS);
22.Decision Finance Minister Number 428 /KMK.05/ 2011 on the Assignment Of Telecommunication Hall and Informatics To the Department of Communication and Informatics as a Government Instancy which applies the General Services Body Financial Management Pattern;

DECIDED:

Establish: MINISTER OF COMMUNICATION AND INFORMATICS REGULATIONS ON THE PROVISION OF INTERNET ACCESS SERVICES ON THE UNIVERSAL SERVICE AREA OF THE SUBDISTRICT INTERNET TELECOMMUNICATIONS.

SAB I
UMUM PROVISIONS
Section 1
In the Regulation of this Minister, which is meant by:
1. Telecommunication is any exposure, delivery and/or acceptance of any information in the form of signs, cues, writing, images, sounds, and sounds through the wire, optical, radio, or other electromagnetic systems.
2. The telecommunications network is a suite of telecommunications devices and its agility used in telecommunications.
3. Telecommunications services are telecommunications services to meet telecommunication needs with telecommunication networks.
4. The communication of telecommunications is the provision of telecommunications services, allowing the construction of telecommunications.
5. The telecommunications network is the provision and/or telecommunications network service that allows the host of telecommunications.
6. Telecommunications services are the provision and/or telecommunications services that allow the host of telecommunications.
7. Interconnect is the interconnection between telecom networks from different telecom organizers.
8. Internet Protocol (s) Internet Protocol (IP) is a unique identification number (worldwide) that exists in a device connected to an internet network.
9. Universal Service Area Telecommunications Internet subdistrict that is next abbreviated as WPUT Internet District is the location of providing internet access services to districts in trailing areas, remote areas, core areas, regions borders, and those areas that are not economically viable, as well as territories that have not been available internet access to the public at affordable prices.
The next 10.7 Internet Service Centre (PLIK) is the center of the means and infrastructure of providing internet access services in the capital city, which is financed through the Universal Telecommunications Services Contribution Fund Obligation Fund.
11.PLIK is a fixed-level Internet-based Internet Service Center located in WPUT Internet District.
A moving 12.PLIK is a Subdistrict Internet Service Center that has the ability to move around. Mobile It's to reach out to a community that is unreachable by a fixed PLIK Service in WPUT Internet Subdistrict.
Management Information Systems and Monitoring of the Subdistrict Internet Service, which is further abbreviated to SIMMLIK is a PLIK management and monitoring system operated by the Provider Hall and the Management and Informatics Management Manager.
The following are the following: the following: the following: the following: the following: the following: the following: the following: The General Service (PPK-BLU) is located below and is directly responsible to the Director General of the Post and Informatics.
The Prime Minister is the Minister of Government Affairs in the field of communication and informatics.
15.The Local Government is the Governor, the Regent, or the Mayor, and the area's device as an organizer of the local government.
16.Director General is the Director General of the scope of duty and function in the field of Post and Informatics.
BPPPTI (BPPPTI) is a Technical Managing Unit in the environment of the Directorate General of Post and Informatics, which applies the Pattern Financial Management Pattern. The General Service (PPK-BLU) is located below and is directly responsible to the Director General of the Post and Informatics.
18.3 Technical Managing Unit (UPT) The Ministry is a technical work unit of the Ministry in the area.

AB II
THE PROVISION OF INTERNET ACCESS SERVICES ON THE UNIVERSAL SERVICE AREA OF TELECOMMUNICATIONS
INTERNET SERVICES
Section 2
(1) Internet access services on WPUT Internet Subdistrict are implemented with the provision of PLIK in the sub-district, which consists of:
a. a fixed term; and
b. PLIK is moving.
(2) The PLIK as referred to in paragraph (1) provides an internet access service service that has:
a. Data transfer rate ( Throughput It's At least 256 Kbps (downlink) and 128 Kbps (uplink) , based on the results of the measurements made from Server PLIK to SIMMLIK;
b. b. latency maximum 750 ms, based on the measurement results performed from Server PLIK to SIMMLIK; and
C. Packet loss up to 2% (two perseratuspercas), based on the measurement results performed from Server PLIK to SIMMLIK.
(3) The fixed term (s) as specified in the paragraph (1) of the letter (1) of the letter (s) only consists of:
a. 5 (5) Personal computer Multimedia and System Operating System (OS);
b. 1 (1) Server Contains application ♪ Push and store content, billing system ♪ and user identity records;
c. modem;
D. Printer multifunctional;
e. Peripheral network;
f. network security "
g. meubeller for the computer;
h. catu power;
i. Backup Power supply;
j. tariff list; and
k. Sign the location pointer as well as the nameboard sign.
(4) PLIK that is moving as referred to in paragraph (1) letter b consists of:
a. 5 (5) Personal computer Multimedia and System Operating System (OS);
b. 1 (1) Server Contains application ♪ Push and store content, billing system ♪ and user identity records;
c. modem;
D. Printer multifunctional;
e. Peripheral network;
f. network security;
G. Meubeller For computers;
h. catu power;
i. Backup Power supply;
j. list of fares;
k. 4-wheel drive vehicle (four) or other modes of transport; and
I am a PLIK ID mark installed on a vehicle or other mode of transportation.
(5) Further provisions concerning PLIK are set up in the auction document set by the BPPPTI Chief.

Section 3
(1) In addition to the WPUT Internet Subdistrict as referred to in Section 2 of the paragraph (1), the provision of the PLIK may be added at a specific location based on the proposal of:
a. Ministry/Weak;
b. Local Government;
c. Community groups; and/or
d. other institutions in need.
(2) The BPPPTI will conduct evaluation and verification of the proposed provision of PLIK in a specific location as referred to in paragraph (1).
(3) BPPPTI establishes the provision of PLIK in a specific location based on the results of evaluation and verification as referred to in paragraph (2).

Section 4
(1) Each PLIK must be connected to the SIMMLIK managed and operated by BPPPTI.
(2) Each PLIK must use the internet access of SIMMLIK.
(3) SIMMLIK is performed by BPPPTI in accordance with the provisions of the laws, which serve as:
a. the Internet access system;
b. System monitoring and device management as well as network; and
c. Data distribution management center.
(4) The content as referred to in paragraph (3) of the letter c is a secure, healthy, and supportive of the economic and educational activities including supporting the creative industry.
(5) SIMMLIK must be connected to Internet Exchange that is managed and operated by BPPPTI.
(6) Terms of Use Internet Exchange in accordance with the provisions of the laws.

Section 5
WPUT Internet Subdistrict as referred to in Article 2 of the paragraph (1) is specified by the Director General after coordinating with the associated Instancy and/or considering the input of the public.

SAB III
SERVICE CENTER PROVIDER
INTERNET SERVICES
Section 6
(1) The PLIK Provider is specified by the authorized Officer in accordance with the provisions of the laws under the auction process executed by the BPPPTI Chief.
(2) The order of the auction as referred to in paragraph (1) is set by the Head of BPPPTI in the auction document in accordance with the provisions of the laws.

Section 7
(1) The prospective PLIK provider that can follow the auction of the PLIK provision is the organizer of internet access services ( Internet service provider ).
(2) Organizing internet access services ( Internet service provider It's as referred to in paragraph (1) may perform a partnership with other parties whose partnership is led by the internet access service organizer ( Internet service provider ).
(3) CCandidates of PLIK providers may follow the auction of more than 1 (one) job packages.
(4) The prospective PLIK provider can be the auction winner of more than 1 (one) job package.
(5) The provisions regarding the composition of the work package are further set forth in the auction document set by the Head of BPPPTI.

Section 8
(1) The assessment parameter in the implementation of the PLIK provision auctions at least includes aspects:
a. The quantity of the PLIK provision charges;
B. routing most efficient ( least cost routing ); and
c. Quality of operation and maintenance of PLIK.
(2) The further provisions of the assessment parameters as referred to in paragraph (1) are set forth in the auction document set forth by the Head of BPPPTI.

BAB IV
THE RIGHTS AND OBLIGATIONS OF THE SUBDISTRICT INTERNET SERVICE PROVIDER
Section 9
The PLIK provider is entitled to:
a. use the existing internet technology in accordance with the needs and purpose of PLIK provision;
b. received payment for the PLIK provision fee; and
c. acquired all revenue from the PLIK results.

Section 10
The PLIK provider is required to:
a. using tools and/or telecommunications devices that have obtained certificates from the Directorate General of Resources and Postal Devices and Informatics;
b. use capital shopping ( capital expenditure/capex It's At least 35% (thirty-five percent) for domestic production;
C. Use the IBM Software as a Service. open source , provided the provision will be further set up in the auction document set out by the BPPPTI Chief;
d. use Internet Protocol (IP) Public on each PLIK server and relay the user identity Public IP It periodically goes to BPPPTI;
e. mperform financial bookkeeping on PLIK and report periodically to BPPPTI;
f. build, operate, maintain the means and infrastructure as well as the PLIK service based on the number and level of service quality as specified in the contract between the PLIK provider with BPPPTI;
g. guarantee the interoperability of the internet access service system built with other internet access service organizers ' systems;
h. operate a fixed PLIK for an internet service of at least 8 (eight) hours a day;
(i) operating a mobile application for an internet service of at least four (four) hours a day and providing educational services and information dissemination of at least 4 (four) hours a day according to the package region's characteristics Jobs won;
j. enacting an affordable and competitive internet access service service tariff in accordance with Government subsidies granted to the public, whose iron is further regulated in the auction document set by the Head of BPPPTI;
k. provide user access services; and
I. provide a user complaint telephone number, at least in the county level;
(M), as applicable, are the following:

BAB V
OPERATION, MAINTENANCE AND
THE PLIC-PLIER
Part One.
Operation and Maintenance
Section 11
(1) For the operation and maintenance of the PLIK facility, the PLIK Provider is required to cooperate with the community and/or Small and Medium Enterprises (UKM).
(2) For the operation and maintenance of a mobile PLIK facility, the PLIK Provider is mandatory in cooperation with the local Local Government by engaging the community and/or Small and Medium Enterprises (UKM).
(3) The participation of the Community and/or Small and Medium Enterprises (UKM) as well as the local Regional Government as referred to in paragraph (1) and paragraph (2) are conducted under a cooperation agreement. In writing.

Second Part
Sod
Section 12
(1) The Local Government and/or UPT Ministry that wants the devolution of mobile PLIK assets may apply to the slowest PLIK Provider 6 (six) months prior to the end of the contract to be conducted evaluation.
(2) Based on the results of the evaluation of the request as referred to in paragraph (1), the PLIK Provider is obliged to bestow all assets of the resulting PLIK provision moving to the Regional Government and/or UPT Ministry after the contract period ends.
(3) Local Government and/or UPT Ministry that wants the devolution of mobile PLIK assets is required to allocate budgets to bear the costs incurred as a result of asset refunds, including, among other things:
a. Cost of training and technical guidance;
b. PLIK operating costs; and
c. Other charges are required.
(4) In the event of no Regional Government and/or UPT Ministry that wants the devolution of movable assets of the PLIK as referred to in paragraph (1), BPPPTI of PLIK Provider's approval can be relocating the Abundance to:
a. Local Government and/or other UPT Ministry;
b. community groups; and/or
c. Other institutions in need.
(5) The provisions of the provisions of the provisions of the provisions of the resulting PLIK provision are set further in contract documents.

Section 13
(1) The Ministry/Society, Local Government, community group and/or other institutions that wish to remain in the specified location of the PLIK asset in a specific location as referred to in Section 3 of the paragraph (1) may apply for the Provider PLIK at least 6 (six) months before the contract period ends in order to be conducted evaluations.
(2) Based on the results of the evaluation of the request as referred to in paragraph (1), the PLIK Provider is required to bestow all of the fixed assets of the PLIK provision in a particular location to the Ministry/Institute, Local Government, group the public and/or, other institutions in need after the contract period expire.
(3) The Ministry/Society, Local Government, community group and/or, other institutions that want the PLIK asset to be located at a specific location as referred to in paragraph (2) are required to allocate budgets to bear the costs incurred by the The abundance of assets, among other things, includes:
a. Cost of training and technical guidance;
b. PLIK operating costs; and
c. Other charges are required.
(4) In the case there is no Ministry/Institute, Local Government, community group and/or, other institutions that want to devolve of fixed PLIK provision assets in certain locations, BPPPTI over PLIK Provider ' s approval, can relocate Abundance of the PLIK assets to the Local Government and/or other UPT Ministry.
(5) The provisions of the devolution of all assets the results of a fixed PLIK provision in a particular location are further set up in the contract document.

Section 14
(1) a mobile and/or PLIK Asset that is fixed in a particular location that is submitted by the PLIK Provider to the Local Government and/or the UPT Ministry of the State-owned Goods managed by the Local Government and/or UPT Ministry.
(2) The Local Government and/or UPT Ministry that is obtaining a fixed-moving and/or PLIK asset's assets in a specific location as referred to in paragraph (1) is required to maintain and operate the PLIK in accordance with the applicable IBM SaaS. It serves as the Internet Service Center for the PLIK.

Section 15
(1) a fixed PLIK Asset in a particular location that has been submitted to a community group and/or other institutions requiring it to be the property of a community group and/or such other institution.
(2) Public and/or other institutions that obtain fixed PLIK assets in a particular location as referred to in paragraph (1) are required to maintain and operate a fixed PLIK in a specific location according to the It serves as the Internet Service Center for the PLIK.

BAB VI
Contract
Section 16
(1) The PLIK provision contract is a common year ( Multiyear It's for a term of 48 (forty-eight) months of service and its implementation in accordance with the provisions of the laws.
(2) The PLIK provision contract as referred to in paragraph (1) may be extended based on the evaluation results throughout the anggara is available and in accordance with the provisions of the laws.
(3) The provisions of the evaluation as referred to in paragraph (2) are set further in the evaluation guidelines contract set by the Head of BPPPTI.

Section 17
(1) The payment of the PLIK provision charge is provided under the readiness of the service and performance-based function of:
a. provision;
b. operations; and
c. maintenance.
(2) The further provisions of the payment of charges as referred to in paragraph (1) are governed in the PLIK provision contract.

BAB VII
SANCTIONS
Section 18
Violations of the provisions in the Regulation of the Minister are subject to sanction under the provisions of the laws.

FAR VIII.
SUPERVISION AND CONTROL
Section 19
(1) The supervision and control of the implementation of the Minister's Ordinance is exercised by the Director General.
(2) In doing the conduct of supervision and control as referred to in paragraph (1), the Director General can coordinate with the Local Government.

Section 20
In terms of the supervision and operational control of the PLIK in the field, the Minister can form a team of surveillance and control.

BAB IX
TRANSITION PROVISIONS
Section 21
(1) The activities of the provision of Internet access services on the Universal Service Telecommunications Area of the Subdistrict which was implemented before the enactment of the Regulation of the Minister are designated as the Internet Access Services Agreement on the Universal Service Area Telecommunication WPUT Internet Subdistrict.
(2) The Internet Access Services Agreement (2) Contract of the Universal Service Telecommunications Social Services signed prior to the enactment of the Regulation of the Minister is declared to remain in effect until the end of the contract period.

BAB X
CLOSING
Section 22
At the time of the Ordinance of the Minister,
(a) The Law of the Minister of Communications and Informatics Number 48 /PER/M. KOMINFO/11/ 2009 on the International Telecommunications Services Agreement on the Internet of Internet Internet Access Services; and
b. Rules of Minister for Communications and Informatics Number 19 /PER/M. KOMINFO/11/ 2009 on Changes to the Regulation of Minister Number 48 /PER/M. KOMINFO/11/ 2009 on the Internet Access Services Agreement on the Universal Service Area Telecommunications Internet Subdistrict
c. revoked and declared not in effect.

Section 23
The rules of the Ministry are effective on the date of the promulgations.

In order for everyone to know, order the Minister of the Order's invitation with its discoverer in the News of the Republic of Indonesia.

Set in Jakarta
on January 2, 2013
MINISTER OF COMMUNICATIONS AND INFORMATICS
REPUBLIC OF INDONESIA,

SEMBIRING TIFATUL


It's called in Jakarta.
on January 22, 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN