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Government Regulation Number 52 In 2000

Original Language Title: Peraturan Pemerintah Nomor 52 Tahun 2000

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 107, 2000 (explanation In Additional State Sheet of the Republic of Indonesia Number 3980)

GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
No. 52 YEAR 2000
ABOUT
HOSTING TELECOM

PRESIDENT OF THE REPUBLIC OF INDONESIA,

.,, In a draw: that in order to exercise provisions regarding the hosting of telecommunications as set in Law number 36 of 1999 on Telecommunications, it is seen necessary to establish the Government Regulation on Telecommunications

.,, Given: 1. Section 5 of the paragraph (2) of the Basic Law of 1945;
., 2. Law Number 36 of 1999 on Telecommunications (sheet State of the Republic of Indonesia 1999 No. 154, Additional Gazette State Number 3881);

DECIDED:

.,, Setting: A GOVERNMENT REGULATION ON THE HOSTING OF TELECOMMUNICATIONS

BAB 1
UMUM PROVISIONS

Section 1
In this Government Regulation referred to by:
., 1. Telecommunications are 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. A telecommunication device is a means of equipment used in telecommunications;
., 3. A telecommunications device is a group of telecommunications devices that allow telecommunications;
., 4. A radio transmitter is a telecommunications device that uses and emits radio waves;
. .5. Telecommunications network is a series of telecommunications devices, and the agility is used in telecommunications.
., 6. Telecommunications services are telecommunications services to meet telecommunication needs using telecommunications networks;
., 7. Telecommunications organizers are individuals, cooperatives, state-owned enterprise entities, private enterprise entities, government agencies, and state security defense agencies;
., 8. Telecommunications are the provision and services of telecommunications that allow the establishment of telecommunications;
., 9. Hosting a telecommunications network is the activities of providing and or the telecommunications of telecommunications networks that are authorized to host telecommunications;
., 10. The implementation of telecommunications services is the provision of telecommunications services and the service of telecommunications services that enable telecommunications.
., 11. The host of special telecommunications is the host of telecommunications whose properties, dissenters and operations are special;
., 12. Interconnect is the interconnect of telecommunications networks from different telecom organizers;
., 13. A universal service obligation is the obligation charged to the organizers of the telecommunications network and or telecommunications services to meet accessibility to the region or a portion of society that is unreachable by the host. network and or telecommunications services;
., 14. The Minister is the Minister whose scope of duty and responsibility in the field of telecommunications;

BAB II
HOSTING THE NETWORK AND
TELECOM SERVICES

The First Part
Telecom Restoration


Section 2
Telecommunications are carried out by telecommunications organizers.

Section 3
a. Host of telecommunications networks; B. the hosting of telecom services;
c. special telecom hosting.

Section 4
Host of telecommunications networks and telecommunications services, as referred to in section 3 letters a and letter b may be conducted by the legal entity established for that purpose under the rules of the law. Applicable law, that is:
a. State Owned Entity (BUMN);
B. Area Owned Enterprises (BUMD);
C. Private Venture Agency; or
D. The cooperative

Section 5
The hosting of special telecommunications as referred to in Article 3 of the letter c may be performed by:
a. individual;
B. government agencies; or
., c. legal entities in addition to the organizers of the telecom network and or the organizer of telecom services.

The second part
Hosting The Telecom Network

Section 6
.,, (1) In the hosting of telecommunications as it is referred to in section 3 of the letter a, the organizers of the telecom network are required to build and or provide a telecom network.
.,, (2) The organizers of the telecom network in building a telecom network are required to meet the applicable laws.
.,, (3) The organizers of the telecom network in building and or providing telecom networks as referred to in paragraph (1) are required to follow technical provisions in the Technical Basic Plan.
.,, (4) The provisions of the Technical Basic Plan as referred to in paragraph (3) are governed by the Ministerial Decree.

Section 7
The organizers of the telecommunications network are obliged to guarantee the hosting of telecommunications through its network.

Section 8
.,, (1) Organizing telecom networks may host telecommunications services through a network owned and deployed.
.,, (2) The telecom (s) as referred to in paragraph (1) must be a separate venture activity from the host of existing networks.
.,, (3) To host services as referred to in paragraph (2) the organizers of the telecom network are obliged to obtain the permission of hosting the telecommunications services from the Minister.

Section 9
(1) The telecom network is made up of:
., a., a. hosting a fixed network;
B. Moving network is moving.
(2) The network of the network remains distinguished in:
., a., a. host network remains local;
B. the network has fixed a remote direct connection;
c. The host of the network remains an international samanan;
D. The network has remained closed.
(3) the host of the moving network is distinguished in:
., a., a. hosting a terrestrial mobile network;
B. the host of mobile mobile networks;
c. Host of satellite moving network.
., (4) The provisions of the governance of the telecommunications network as referred to in paragraph (1) are governed by the Decree of the Minister.

Section 10
.,, (1) The host of a fixed network of local or mobile mobile network organizers or the organizer of a satellite mobile network must host basic telephony services.
.,, (2) The network poet remains local in organizing basic telephony services obliged to organise common telephony services.
.,, (3) The network ' s organizers remain local iecom networks and telecom service organizers are subject to the contribution of universal service obligations.
.,, (2) Contribution to the universal service obligations as referred to in paragraph (1) shall be:
., a., a. provisioning of the network and or telecom services
B. contribution to the form of the interconnect cost component; or
c. Other contributions.

Section 27
For the implementation of universal service obligations, the Minister stipulats:
a. a particular region as a universal service region;
B. the number of network capacity in each universal service region;
., c. the type of telecommunications services that must be provided by telecom service organizers in every region of universal service;
., d. The organizers of the telecombinant network are designated to provide the telecommunications network in the universal service area.

Section 28
.,, (1) The obligation of establishing and hosting a network in the universal service area is charged to the organizer of the local fixed network.
.,, (2) The contribution of universal service obligations is charged to other network organizers channeling traffic to the local permanent network organizers.
., (3) The contribution of universal service obligations as referred to in paragraph (2) is exercised in the form of payment of the interconnect charge component received by the local permanent network organizer.
., (4) The contribution of other universal service obligations is charged to network organizers other than as referred to in paragraph (1) and paragraph (2) and to other service organizers.

Section 29
.,, (1) Any network organizer and or organizer of the telecom services are required to record the revenue of the results of universal service obligations that are derived from interconnect income.
.,, (2) Seekers as referred to in paragraph (1) are required to be regularly reported to the Minister.

Section 30
The provisions of the magnitude of the contribution of universal service obligations and the conduct of the implementation of universal service obligations are governed by the Decree of the Minister.

Section 31
The Minister carries out oversight and control in the implementation of universal service obligations.

The Sixth Part
The Cost of Holding Right (BHP) telecom

Section 32
.,, (1) Any sealing of telecommunications networks and or telecommunications network organizers are obliged to pay the hosting rights fees.
.,, (2) The charge fee for the hosting rights of Telecommunications as referred to in paragraph (1) is defined by its own Government Regulation.

Section 33
Any network organizer or organizer of a telecom service that is not or late pays the Cost of Hosting Telecommunications charges in accordance with the provisions of the applicable laws.

The Seventh Part
Telecom Sync Fare

Section 34
.,, (1) The hosting of Telecommunications consists of the alignment tariffs of telecommunications networks and the tariff of hosting telecommunications services.
.,, (2) The telecom hosting tariff consists of the type and the tariff structure.

Section 35
(1) The type of tariff hosting the telecom network consists of:
., a., a. network rental rates;
B. interconnect cost.
.,, (2) The type of telecommunication services that are channeled through the network remain composed of:
.,
., a., a. local connection base-base services, long-distance direct connection (SLJJ), international direct connection (SLI);
B. a telephony plus value service rate;
c. multimedia services fare.
.,, (3) The type of tariff hosting of telecommunications services is routed through a mobile network consists of:
., a., a. water-time;
B. cruise fare;
c. multimedia services fare.

Section 36
(1) The tariff structure of the hosting of the telecom network consists of:
., a., a. activation fee;
B. Monthly subscription fee;
c. usage charges;
D. Additional facility costs.

Section 37
(1) The rate of the tariff is set based on the formula.
.,, (2) The rate of the tariff calculation formula as referred to in paragraph (1) is based on charges.
.,, (3) The provisions of the tariff formula as referred to in paragraph (1) are governed by the Ministerial Decree.

BAB III
THE HOSTING OF SPECIAL TELECOM

Section 38
A special telecommunications host is organized for the purpose:
a. own;
B. state security defense;
C. broadcast.

The second part
Hosting Special Telecom
For Its Own Purposes

Section 39
The hosting of special telecommunications for its own purposes as referred to in Article 38 of the letter a is done for the purpose:
a. individual;
B. government agencies;
c. special service
D. legal entity.

Section 40
The hosting of special telecommunications for individual purposes as referred to in Article 39 of the letter is included:
a. Amateur radio
B. Interpopulation radio communication.

Section 41
.,, (1) The amateur radio activity as referred to in Article 40 of the letter a is used to communicate with each other about science, technical inquiry and information related to radio and electronic techniques.
.,, (2) The amateur radio activities can be used for the delivery of distress news, natural disaster, search and rescue (SAR).

Section 42
.,, (1) interpopulation radio communication activities as referred to in section 40 of the letter b are used to communicate with each other about the activities of the community.
.,, (2) Interpopulation radio communication activities can be used for the delivery of distress news, natural disaster, search and rescue (SAR).

Section 43
.,, (1) The sponsorship of special telecommunications for the purposes of government agencies as referred to in Article 39 of the letter b is exercised by government agencies to support the government's activities.
.,, (2) Special telecommunications for the purposes of government agencies may be held if:
.,
., a., a. Its needs cannot be met by network organiser and telecommunications services;
., b. the location of its activities has not been affordable by network organiser and telecommunications services; and or
., c. Its activities require a separate, separate telecom network.

Section 44
The hosting of special telecommunications for the purpose of special services as referred to in Article 39 of the letter c is exercised by government agencies to support the activities of the concerned service.ment, the Agreement, the Agreement, the Agreement, the Agreement, the Agreement, and the terms of the Agreement
.,, (3) The charges referred to in paragraph (1) be the burden and responsibility of the organization/department or other party conducting the activities or wishes of the transfer or change of the telecommunications network.

BAB VI
TOOL TECHNICAL REQUIREMENTS AND
TELECOM DEVICE

Section 71
.,, (1) Any device and telecommunications device created, assembled, incorporated, to be traded and or used in the State of the Republic of Indonesia is required to meet technical requirements.
., (2) The technical requirements of the device and the telecommunications device as referred to in paragraph (1) include the technical requirements of the device and the telecommunications device for the purposes of hosting telecommunications networks, the hosting of telecommunications services. And a special telecommunications.

Section 72
The technical requirements as referred to in Section 71 are intended in order:
a. ensuring connectedness in the telecom network;
B. prevent interrucation between tools and telecommunications devices
., c. protect the public from the possible losses inflicted by the use of tools and telecommunications devices;
., d. encourage the growing industry, innovation and engineering of national telecommunications technology.

Section 73
.,, (1) The minister sets technical requirements for tools and telecommunications devices that have not yet had Indonesian national standards after noticing the consideration of the parties and related agencies.
.,, (2) the technical requirements of the tools and devices as referred to in paragraph (1) are formulated based on:
., a., a. adoption of international standards or regional standards;
B. the adaptation of the international standard or regional standard; or
., c. the results of industrial development, innovation and engineering of national telecom technology.
., (3) The technical requirements that have been established as referred to in paragraph (1) may be proposed to be the National Standard of Indonesia.

Section 74
.,, (1) the Minister publishes certificates for tool types and telecom devices that have met technical requirements and based on test results.
.,, (2) The testing of telecommunications tools and devices as referred to in paragraph (1) is carried out by a test hall that has had accreditation from the institution authorized by and specified by the Minister.
.,, (3) The Minister may appoint a test hall that has been accredited to publish a certificate.
., (4) The technical requirements for telecom tools and devices as referred to in Section 73 of the paragraph (1) do not apply to telecommunications tools and devices that have had international standards.
., (5) the terms of the terms and conditions of the certificate and test issuer requirements and testing as referred to in paragraph (1) and paragraph (2) and the expiring term of the certificate are governed by the Decree of the Minister.

Section 75
.,, (1) the Minister may conduct mutual recognition of the application of technical requirements of the tools and telecommunications devices with other countries.
.,, (2) mutual recognition as contemplated by paragraph (1) follows the terms applicable.

Section 76
., (1) In the application of the technical requirements of the device and the telecommunications device, it is charged with the certificate fee.
.,, (2) The cost of the device certificate and the telecom device as referred to in paragraph (1) is governed by the Government Regulation.

Section 77
.,, (1) the devices and telecommunications devices that have obtained mandatory certificates are labeled.
., (2) The provisions of the device labeling and telecommunication devices as referred to in paragraph (1) are governed in the Ministerial Decree.

BAB VII
SECURITY AND PROTECTION
HOSTING TELECOM

Section 78
The type of telecommunication disorder consists of:
., a., a. Physical disorder is physically impaired in telecommunications networks, telecommunications facilities, and telecommunications infrastructure that results in the disruption of telecommunications;
., b. Electromagnetic interference is the electromagnetic interference of the telecommunications network and the telecommunications infrastructure and infrastructure that results in the disruption of telecommunications.

Section 79
The security and protection of telecommunications services is carried out to secure and protect the means and infrastructure of telecommunications, telecommunications networks, human resources and information.

Section 80
.,, (1) Organizing telecom networks and special telecom organizers are required to create maps and or images of the telecom networks that are used.
.,, (2) The map and or telecommunications network image as referred to in paragraph (1) is required to be disseminated to the associated agencies.

Section 81
.,, (1) Organizing telecom networks and special telecom organizers are obliged to install signs of the presence of telecom networks.
.,, (2) The provisions of the signs as referred to in paragraph (1) are governed by the Ministerial Decree.

Section 82
Every telecommunications network, telecommunications facilities and infrastructure must be equipped with a means of safeguarding and protection to avoid telecommunication disruption.

Section 83
Telecommunications organizers must install early detection devices, monitoring devices, and telecommunications inhibiting devices.

Section 84
.,, (1) The government ' s authorized use of permits setting up buildings, installations and other infrastructure is required to pay attention to maps and or images of telecommunications networks.
., (2) The parties that perform the construction activities on the basis of permission as referred to in paragraph (1) are required to avoid any disruption to the host of telecommunications.

Section 85
Each person working in the telecommunications environment is required to secure and protect the means and infrastructure of telecommunications and information that is channeled through the telecommunications network.

Section 86
Telecommunder of the submission and the completion of the damages as referred to in paragraph (1) is exercised in accordance with the provisions of the applicable laws.

Section 70
.,, (1) Host of the telecom network is entitled to damages as a result of the transfer or changes of the telecom network due to activities or at the request of an agency/agency or other party.
(2) The (2) Day, the (2) Agreement, the (2) Agreement, the Agreement, the Agreement, the Agreement, the Agreement, the Agree8 of 1993 on the Hosting Of Telecommunications (sheet Of State Of The Republic Of Indonesia 1993 Number 12, Additional Gazette Number 3514),
declared not applicable.

Section 98
This government regulation came into effect on 8 september 2000.

In order for everyone to know it, order the invitational of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.

.,, Set in Jakarta
on July 11, 2000
PRESIDENT OF THE REPUBLIC OF INDONESIA

ABDURRAHMAN WAHID
Promulgated in Jakarta
on July 11
REPUBLIC OF INDONESIA STATE SECRETARY

DJOHAN EFFENDI
cable laws.

Section 88
The request for the recording of information as referred to in section 87 is delivered in writing and is authorized to the telecommunications service organizer by busan to the Minister.

Section 89
.,, (1) The written request of the recording of the information as referred to in Section 88 at least contains:
., a., a. recorded objects;
B. recording times; and
c. period of time the record results report.
.,, (2) The organizers of the telecommunications services are required to meet the request of information recording as referred to in paragraph (1) no later than 1 time 24 hours after received request.
.,, (3) In terms of technical recording not possible, the organizer of the telecom services as referred to in paragraph (2) is required to notify the Attorney General, the Chief of the Republic of Indonesia and or Investigator
.,, (4) Notices as referred to in verse (3) are delivered at least six (six) hours after receiving a request as contemplated in a paragraph (1).
.,, (5) The results of the recording of the information as referred to in paragraph (2) are conveyed in secret to the Attorney General and or the Chief of Police and or Investigators.

BAB VIII
THE ROLE AND SOCIETY IN THE FIELD
TELECOM

Section 90
.,, (1) In order to involve the role as well as society set up the role institutions as well as the society in the field of telecommunications
., (2) The institution as referred to in paragraph (1) is formed based on the consensus between the telecom industry abusers.
.,, (3) The establishment of the institution as referred to in paragraph (2) is reported to the Minister.

Section 91
.,, (1) The membership of the role agency as well as the society comes from the telecom industry ' s perpetrator consisting of:
., a., a. association in the field of telecom ventures;
B. telecommunications profession association;
c. association of telecommunications equipment manufacturers;
D. network user association and telecom services; and
e. intellectual society in the field of telecommunications.
.,, (2) The management of the role agencies as well as the community are chosen and appointed from the members as referred to in paragraph (1).
.,, (3) the management of the role institute as well as the society as referred to in paragraph (2) is confirmed by the Minister.
.,, (4) The Confirmation as referred to in verse (3) is exercised upon regard to AD/ART of the role agencies as well as the public.

Section 92.
.,, (1) The role and community organization in the field of telecommunication has the task of conveing the thought and the growing view in the society regarding the direction of telecommunication development in order to establish policy, arrangement, and development. control, and surveillance in the field of telecommunications.
.,, (2) The thoughts and views as referred to in paragraph (1) are delivered in writing to the government either requested or unsolidly requested.
.,, (3) The Government must consider carefully the thought and view as referred to in paragraph (2).

Section 93
Role agencies as well as the public in the field of telecommunications have functions:
., a., a. Set up your opinions, thoughts, and views on the development of telecommunication.
., b. review and formulate opinions that are developed in the community as a proposal for policy and or regulation related to the coaching, setting, and hosting of telecommunications.

Section 94
.,, (1) The role agencies as well as the community in the field of telecommunications in carrying out its activities are financed swadana.
.,, (2) The role agencies as well as the community in the field of telecommunications obtain the finances of authorized sources.

BAB IX
THE SANCTION

Section 95
., (1) The violation of Section 6, Section 7, Section 8 of the paragraph (3), Article 10 (2), Section 12, Article 15, Article 16, Section 19, Section 20, Section 20, Section 25, Section 25, paragraph (3), paragraph (3), paragraph (4), Section 26 of the paragraph (1), Section 28, Section 29, Section 32 of the paragraph (1), Section 2, Section 32, Section 32, Section 32, Section 32, Section 32, Section 32, Section 32, Section 32, Section 32, Section 32, Section 32, Section 32, Article 46 of the paragraph (2), Article 49 of the paragraph (3), paragraph (4), Article 50, Article 53, Article 54, Article 57, Article 60, Article 65, section 65 of the paragraph (1), is subject to administrative sanction of the revocation of the permit.
.,, (2) The revocation of the permit as referred to in paragraph (1) is performed upon the release of the written warning of 3 (three) times in which each written warning lasts for 7 (7) business days.

BAB X
THE TRANSITION PROVISION

Section 96.
At the time this government regulation applies all the rules of implementation of the Government Regulation No. 37 of 1991 on the Protection and Security of Telecommunications, and the Government Regulation No. 8 of 1993 regarding the Governing Telecommunications, still in effect as long as it is not at odds and or has not been replaced with new regulations under this Government Regulation.

BAB XI
CLOSING PROVISIONS

Section 97
With the enactment of this Government Regulation then:
., a., a. Government Regulation No. 21 of 1967 on Radio Amatirisme in Indonesia (leaf of State of the Republic of Indonesia in 1967 Number 35, Additional Gazette Number 2843) Jo Government Regulation Number 20 Year 1980 on Change and Additional Over Government Regulation No. 21 of 1967 on Radio Amatirisme in Indonesia (Gazette of the Republic of Indonesia in 1980 Number 30);
., b. Government Regulation Number 55 of the Year 1970 on Non-Government Broadcasting (Sheet Of State Republic Of Indonesia In 1970 Number 75, Additional State Sheet Number 2952);
., c. Government Regulation Number 37 Of 1991 On The Protection And Security Of Telecommunications (sheet Of State Of The Republic Of Indonesia In 1991 Number 46, Additional Gazette Number 3446);
., d. Government Regulation Number 4 Of 1992 on Hosting Of Telecommunications For The Purposes Of State Security Defense (sheet Of State Of The Republic Of Indonesia In 1992 Number 10, Additional State Sheet Number 3466);
., e. Government Regulation No.