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Act No. 36 Of 1999

Original Language Title: Undang-Undang Nomor 36 Tahun 1999

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 154, 1999 (Explanation in Additional Indonesian Republic of Indonesia Number 3881)

CONSTITUTION OF THE REPUBLIC OF INDONESIA
Number 36 YEAR 1999
ABOUT
TELECOM

WITH THE GRACE OF THE ALMIGHTY GOD

PRESIDENT OF THE REPUBLIC OF INDONESIA,

.,, weighed: a. that the purpose of national development is to realize the equitable and prosperous societies that are equally materiel and spiritually based on Pancasila and the Basic Law of 1945;
., b. That the host of telecommunications has a strategic sense in the effort to maintain unity and unity of the nation, streamline government activities, support the creation of the purpose of building and the outcome, and improving relations. Between nations;
., c. that the influence of globalization and the rapid development of telecommunications technology have resulted in fundamental changes in the holding and way of view of telecommunications;
., d. that all things that are related to fundamental changes in the implementation and the way of view of the telecommunications, need to be done with the arrangement and re-setting of national telecommunications;
., e. that in respect of such matters above, then the Law Number 3 of 1989 on Telecommunication is viewed as unsuitable, so that it needs to be replaced;

.,, Given: Section 5 of the paragraph (1), Section 20 of the paragraph (1) and Article 33 of the Basic Law of 1945;

With the approval
THE REPUBLIC OF INDONESIA ' S REPRESENTATIVE COUNCIL

DECIDED:

Establish: LEGISLATION ON TELECOM.

BAB I
UMUM PROVISIONS

Section 1
In this Act referred to:
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;
A telecommunication device is any tool of equipment used in telecoms;
Telecommunication devices are a group of telecommunication tools that allow telecoms;
Telecommunication facilities and infrastructure are all things that allow and support the functioning of telecommunications;
., a., a. A radio transmitter is a telecommunications device that uses and emits radio waves;
., b. A telecommunications network is a series of telecommunications devices, and a chain of telecommunications devices used in telecommunications;
., c. Telecommunications services are telecommunications services to meet telecommunication needs using telecommunications networks;
., d. Telecom organizers are individuals, cooperatives, Regional-owned Enterprises (BUMD), State-owned Enterprises (BUMN), private business entities, government agencies, and state security defense agencies;
., e. Customer is an individual, legal entity, government agency that uses a telecommunications network and or telecommunications services under contract;
., f. Users are individuals, legal entities, government agencies that use telecommunications networks and or telecommunications services that are not under contract;
G. Users are customers and users;
., h. Telecommunications are the provision and services of telecommunications that allow the establishment of telecommunications;
., i. Hosting a telecommunications network is a provision and or service of telecommunications networks that enable telecommunications;
., j. A telecommunications service is a telecommunications service and a telecommunications service that allows for a telecommunications provider;
., k. The hosting of special telecommunications is the host of telecommunications that are the nature, the tail, and the operation of the special;
., l. Interconnect is the internetworking link between telecommunications networks of different telecommunications networks.
., m. The Minister is the Minister whose scope of duty and responsibility in the field of telecommunications.

BAB II
ASAS AND THE PURPOSE

Section 2
Telecommunications are organized under the principles of benefits, fair and equitable, legal certainty, security, partnership, ethics, and confidence in oneself.

Section 3
Telecommunications are organized with the aim of supporting unity and unity of the nation, improving the welfare and prosperity of the people fairly and evenly, supporting economic life and government activities, as well as improving relations. internation.

BAB III
COACHING

Section 4
.,, (1) Telecommunication is controlled by the State and its culling is carried out by the Government.
.,, (2) Telecom coaching is directed to improve the hosting of telecommunications including policy assignments, arrangements, surveillance and control.
., (3) In the designation of policy, arrangement, supervision and control in the field of telecommunications, as referred to in paragraph (2), are conducted thoroughly and integrated with regard to the thinking and the views evolving in Society and the global development.

Section 5
.,, (1) In the course of the implementation of telecom coaching as referred to in Article 4, the Government involves the role as well as the community.
.,, (2) The role as well as the society as referred to in paragraph (1), is the delivery of thought and the evolving view in society regarding the direction of telecommunication development in order to establish policy, arrangement, control and control. Surveillance in telecommunications.
.,, (3) The implementation of the role as well as the society as referred to in paragraph (2), is organized by the independent agency formed for that purpose.
.,, (4) The institution as referred to in paragraph (3) of its membership consists of a mobile association in the field of telecommunications business, the telecommunications profession association, the telecom equipment manufacturer association, network user association, and services Telecommunications and intellectual society in the field of telecommunications
.,, (5) The provisions of the manner of role and society and the establishment of the institution as referred to in paragraph (3) are governed by the Government Regulation.

Section 6
The Minister is acting as the administrator of the Indonesian telecommunications administration.

BAB IV
Host

The First Part

Common

Section 7
(1) Telecommunications include:
., a., a. Host of telecommunications networks; B. the hosting of telecom services;
c. Host of special telecommunications.
.,, (2) In the hosting of telecommunications, note things as follows:
., a., a. protecting the country ' s interests and security;
B. anticip-flagged vessels that are in Indonesian territorial waters outside of its tail, except:
.,
., a., a. for the country ' s security interests, human soul safety and property, natural disaster, marahazards, plague, navigation, and shipping traffic safety; or
., b. connect to telecommunications networks operated by telecom organizers; or
., c. is part of the satellite communications system whose use is in accordance with the provisions applicable in the hosting of cruise service services.
.,, (3) The provisions of the use of radio frequency spectrum as referred to in paragraph (2) are governed by the Government Regulation.

Section 36
.,, (1) Telecommunications devices used by foreign civilian aircrafts from and to Indonesian airspace are not required to meet technical requirements as referred to in Article 32.
.,, (2) The radio frequency spectrum is prohibited from being used by foreign civilian aircrafts from and into Indonesian airspace beyond its tail, except:
.,
., a., a. for the country ' s security interests, human soul safety and property, natural disaster, marahazards, plague, navigation, and aviation traffic safety; or
., b. connect to telecommunications networks operated by telecom organizers; or
., c. is part of a satellite communications system whose use is in accordance with the provisions applicable in the hosting of aviation mobile service.
.,, (3) The provisions of the use of radio frequency spectrum as referred to in paragraph (2) are governed by the Government Regulation.

Section 37
The granting of the use of telecommunications devices using radio frequency spectrum for diplomatic representation in Indonesia is done by paying attention to the reciprocity of reciprocity.

The Eleventh Part
Telecom Security

Section 38
Any person is prohibited from doing deeds that can cause physical and electromagnetic interference to the host of telecommunications.

Section 39
.,, (1) The telecom organizer is required to conduct security and protection against installations in the telecommunications network used for the hosting of telecommunications.
.,, (2) The provisions of the security and protection as referred to in paragraph (1) are governed by the Government Regulation.

Section 40
Each person is prohibited from performing wiretapping activities over information that is channeled through the telecom network in any form.

Section 41
In order to prove the truth to the use of telecommunications facilities at the request of telecommunications services, telecommunications providers are required to perform the use of telecommunications facilities used by the service users. telecom and can perform information recording in accordance with applicable laws.

Section 42
(1) The organizers of the telecommunications services are required to keep the information sent and or are received by telecommunications customers through telecommunications networks and or telecommunications services.
., (2) For the purposes of the criminal justice process, the organizers of the telecom services may record the information sent and or received by the telecom services organizer as well as may provide the necessary information over:
.,
., a., a. a written request of the Attorney General and or the Chief of the Indonesian National Police for a particular criminal offence;
., b. An investigator's request for a specific criminal suit is in accordance with the applicable law.
.,, (3) The provisions of the manner of the request and the giving of information recording as referred to in paragraph (2) are governed by the Government Regulation.

Section 43
The presentation of information by telecommunications services to the users of telecommunications services as referred to in Article 41 and for the benefit of the criminal justice process as referred to in Article 42 of the paragraph (2), is not a Violation of Section 40.

BAB V
P E N Y I D I K A N


Section 44
.,, (1) In addition to the Investigator of the Indonesian National Police Officers, as well as a particular Civil Service Officer in the Department of the Department whose scope of duty and responsibility in the field of telecommunications, is given special authority as an investigator as It is in the Criminal Code Law Act to conduct criminal conduct in the field of telecommunications.
.,, (2) Civil Service Investigators as referred to in paragraph (1) are authorized:
.,
., a., a. conduct an examination of the truth of the report or the information regarding the criminal conduct in the field of telecommunications;
., b. conduct an examination of the person and or the legal entity that is suspected of committing a criminal offence in the field of telecommunications;
.,, c. stopping the use of tools and or telecommunication devices that deviate from the applicable provisions;
D. calling people to be heard and checked as witnesses or suspects;
., e. perform a tool check and or telecommunications device that is suspected of being used or suspected of relating to a criminal activity in the field of telecommunications;
., f. search for places allegedly used to commit criminal acts in the field of telecommunications;
., g. sealing and or confiscating tools and or telecommunications devices used or suspected of relating to criminal conduct in the field of telecommunications;
., h. ask for expert assistance in order to perform criminal investigation duties in the field of telecommunications; and
i. hold a termination of the inquiry.
.,, (3) the authority of the Inquiry as referred to in paragraph (2) is exercised in accordance with the provisions of the Criminal Event Law Act.

BAB VI
ADMINISTRATION SANCTION

Section 45
Any person who violates the provisions of Article 16 paragraph (1), Section 18 of the paragraph (2), Article 19, Section 21, Section 25 of the paragraph (2), Article 26 of the paragraph (1), Article 29 of the paragraph (1), Section 29 of the paragraph (2), Section 33 of the paragraph (1), Section 33 of the paragraph (2), Article 34 of the paragraph (1), or Article 34 of the paragraph (2), Section 34 (2), Section 34 (2), Section 34 (2), Administrative sanction.

Section 46
.,, (1) the administration of the administration as referred to in Article 45 of the revocation of the permit.
.,, (2) The revocation of the permit as referred to in paragraph (1) is carried out after being given a written warninage rights.
.,, (3) The provisions of the charges as referred to in paragraph (1) and paragraph (2) are governed by the Government Regulation.

Section 35
.,, (1) Telecommunications devices used by foreign-flagged vessels from and to Indonesian territorial waters and or operated in Indonesian territorial waters, are not required to meet the technical requirements as referred to in Article 32.
.,, (2) The radio frequency spectrum is prohibited from being used by foreigng.

BAB VII
CRIMINAL PROVISIONS

Section 47
Anyone who violates the terms in Article 11 of the paragraph (1), is convicted of a prison sentence of six (six) years and the most fine Rp600,000.000.00 (six hundred million rupiah).

Section 48
The organizers of the telecommunications network that violate provisions as referred to in Article 19 are penalised with the longest prison criminal 1 (one) year and or the most fines of the Rp100.000.00 (one hundred million rupiah).

Section 49
The telecommunications organizer, which violates the terms as referred to in Article 20, is penalised with the penultimate prison criminal 2 (two) years and or the most fines of the Rp200.000.00 (two hundred million rupiah).

Section 50
Anyone who violates the terms as referred to in Article 22, is penalised with the penultimate prison criminal 6 (six) years and or the most fine Rp600.000.000.00 (six hundred million rupiah).

Section 51
Special telecom organizers who violate the provisions as referred to in Article 29 of the paragraph (1) or Article 29 of the verse (2), are convicted of the longest prison criminal 4 (four) of the year and or the most fines of the Rp400.000.00 (four hundred million rupiah).

Section 52
The person who trades, makes, assemble, input or use telecommunications devices in the State of the Republic of Indonesia which does not comply with the technical requirements as referred to in Article 32 of the paragraph (1), is criminalised with a criminal the longest prison 1 (one) year and or the most fine Rp100.000.000.00 (one hundred million rupiah).

Section 53
(1) Whoever breaches the provisions as referred to in Article 33 of the paragraph (1) or Article 33 of the verse (2), is convicted of the longest prison criminal 4 (four) of the year and or the most fines of the Rp400.000.00 (four hundred million rupiah).
(2) If a criminal offence is referred to in a verse (1) resulting in the death of a person, being convicted of a prison criminal at most 15 (fifteen) years.

Section 54
Whoever violates the terms in Article 35 of the paragraph (2) or Article 36 of the verse (2), is penalised with the penultimate prison criminal 2 (two) years and or the most fines of the Rp200.000.00 (two hundred million rupiah).

Section 55
Anyone who violates the terms in Article 38, is convicted of a prison sentence of six (six) years and or fined the most Rp600.000.00 (six hundred million rupiah).

Section 56
Whose goods are in violation of the provisions as referred to in Article 40, are penalised with the longest prison penal of 15 (fifteen) years.

Section 57
The organizers of the telecommunications services that violate provisions as referred to in Article 42 of the paragraph (1), are convicted of the penultimate prison criminal 2 (two) years and or the most fines of the Rp200.000.000.00 (two hundred million rupiah).

Section 58.
Tools and telecommunications devices used in criminal acts as referred to in Article 47, Section 48, Section 52 or Section 56 are deprived of the country and or annihilated in accordance with applicable laws.

Section 59
Acts as referred to in Article 47, Article 48, Article 49, Article 50, Article 51, Article 52, Article 53, Article 54, Article 54, Article 55, Article 56, and Article 57 are crimes.

BAB VIII
THE TRANSITION PROVISION

Section 60
At the time of the enactment of this Act, the telecommunications organizer, referred to in the Law Number 3 of 1989 on Telecommunications, may continue to perform its activities with the provisions of the same year at least one year. since the Act is stated to be in force to conform to this Act.

Section 61
.,, (1) By the enactment of this Act, certain rights that have been granted by the Government to the Organizing Agency for a specific term under Law Number 3 of the Year 1989 still apply.
.,, (2) The term of certain rights as referred to in paragraph (1), may be shortened in accordance with the agreement between the Government and the Organizing Agency.

Section 62.
By the time this Act was in effect, all regulations on the implementation of Act No. 3 of 1989 on Telecommunications (1989 State Gazette number 11, additional state sheet number 3391) still remain in effect to the extent not contradictory and or has not been replaced with new rules under this Act.

BAB IX
CLOSING PROVISIONS

Section 63
By the enactment of this Act, the Number 3 Act of 1989 on Telecommunication is declared not applicable.

Section 64
This law starts in effect 1 (one) of the year counting since the date of the invitation.

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

.,, Dislocated in Jakarta
on September 8, 1999
PRESIDENT OF THE REPUBLIC OF INDONESIA,

BACHARUDDIN JUSUF HABIBIE
Promulgated in Jakarta
on September 8, 1999
MINISTER OF STATE SECRETARY OF STATE,
REPUBLIC OF INDONESIA

M U L A D I