1 DECREE OF THE MINISTER OF COMMUNICATION AND INFORMATION TECHNOLOGY OF THE REPUBLIC OF INDONESIA NUMBER : 27/PER/M.KOMINFO/12/2010 ON SHIFTING OF MATTERS OF PROCESSING, ISSUANCE OF LICENSE, AND CERTIFICATION IN THE FIELD OF COMMUNICATION AND INFORMATION TECHNOLOGY BY THE GRACE OF GOD THE ALMIGHTY MINISTER OF COMMUNICATION AND INFORMATION TECHNOLOGY OF THE REPUBLIC OF INDONESIA Considering: a. that within the framework of implementing the Decree of the Minister of Communication and Information Technology Number 17/PER/ M.KOMINFO/11/2010 on Organization and Work Method of the Ministry of Communication and Information Technology, it is deemed necessary to undertake the shifting of matters of processing, issuance of license and certification in the field of communication and information technology; b. that based on consideration referred to in point a. it is considered necessary to ratify a Decree of the Minister of Communication and Information Technology on Shifting of Matters of Processing, Issuance of License, and Certification in the Field of Communication and Information Technology. Bearing in mind: 1. Law of the Republic of Indonesia Number 36 Year 1999 on Telecommunication (State Gazette of the Republic of Indonesia Number 154 Year 1999, Additional State Gazette of the Republic of Indonesia Number 3881); 2. Law of the Republic of Indonesia Number 32 Year 2002 on Broadcasting (State Gazette of the Republic of Indonesia Number 139 Year 2002, Additional State Gazette of the Republic of Indonesia Number 4252); 3. Law of the Republic of Indonesia Number 38 Year 2009 on Post (State Gazette of the Republic of Indonesia Number 146 Year 2009, Additional State Gazette of the Republic of Indonesia Number 5065); 4. Government Regulation of the Republic of Indonesia Number 52 Year 2000 on Provision of Telecommunication (State Gazette of the Republic of Indonesia Number 107 Year 2000, Additional State Gazette of the Republic of Indonesia Number 3980);
2 5. Government Regulation of the Republic of Indonesia Number 53 Year 2000 on Use of Radio Frequency Spectrum and Satellite Orbit (State Gazette of the Republic of Indonesia Number 108 Year 2000, Additional State Gazette of the Republic of Indonesia Number 3981); 6. Government Regulation of the Republic of Indonesia Number 11 Year 2005 on Broadcasting Provision of Public Broadcasting Institution (State Gazette of the Republic of Indonesia Number 28 Year 2005, Additional State Gazette of the Republic of Indonesia Number 4485); 7. Government Regulation of the Republic of Indonesia Number 49 Year 2005 on Guidelines for the Coverage Activities of Foreign Broadcasting Institution (State Gazette of the Republic of Indonesia Number 126 Year 2005, Additional State Gazette of the Republic of Indonesia Number 4565); 8. Government Regulation of the Republic of Indonesia Number 50 Year 2005 on Broadcasting Provision of Private Broadcasting Institution (State Gazette of the Republic of Indonesia Number 127 Year 2005, Additional State Gazette of the Republic of Indonesia Number 4566); 9. Government Regulation of the Republic of Indonesia Number 51 Year 2005 on Broadcasting Provision of Community Broadcasting Institution (State Gazette of the Republic of Indonesia Number 128 Year 2005, Additional State Gazette of the Republic of Indonesia Number 4567); 10. Government Regulation of the Republic of Indonesia Number 52 Year 2005 on Broadcasting Provision of Subscriber Broadcasting Institution (State Gazette of the Republic of Indonesia Number 129 Year 2005, Additional State Gazette of the Republic of Indonesia Number 4568); 11. Decree of the President of the Republic of Indonesia Number 47 Year 2009 on Formation and Organization of State Ministries of the Republic of Indonesia; 12. Decree of the President of the Republic of Indonesia Number 24 Year 2010 on Positions, Duties, and Functions of State Ministries of the Republic of Indonesia and Organizational Structure, Duties, and Functions of Echelon I of State Ministries of the Republic of Indonesia; 13. Decision of the President of the Republic of Indonesia Number 84/P Year 2009 on Structure of Second United Indonesian Cabinet of Period 2009-2014; 14. Decision of the Minister of Communication Number KM. 21 Year 2001 on Provision of Telecommunication Service as amended latest by the Decree of the Minister of Communication and Information Technology Number 31/PER/M.KOMINFO/08/2008; 15. Decree of the Minister of Communication Number KM. 5 Year 2005 on Provision of Private Courier Services;
3 16. Decree of the Minister of Communication and Information Technology Number 17/PER/M.KOMINFO/10/2005 on Procedure of Licensing and Operational Provision Regarding the Use of Radio Frequency Spectrum; 17. Decree of the Minister of Communication and Information Technology Number 29/PER/M.KOMINFO/09/2008 on Certification of Telecommunication Tools and Equipment; 18. Decree of the Minister of Communication and Information Technology Number 01/PER/M.KOMINFO/01/2010 on Provision of Telecommunication Network; 19. Decree of the Minister of Communication and Information Technology Number 17/PER/M.KOMINFO/10/2010 on Organization and Work Method of the Ministry of Communication and Information Technology. DECIDES To ratify : DECREE OF THE MINISTER OF COMMUNICATION AND INFORMATION TECHNOLOGY ON SHIFTING OF MATTERS OF PROCESSING, ISSUANCE OF LICENSE, AND CERTIFICATION IN THE FIELD OF COMMUNICATION AND INFORMATION TECHNOLOGY Article I The types of licenses and certificates processed and/or issued in the field of communication and information technology comprise: a. Licenses processed and/or issued by the Directorate General of Post and Telecommunication covering: 1. Licenses for the Provision of Private Courier Services; 2. Licenses for the Provision of Telecommunication Networks: a) provision of fixed network: 1) provision of local fixed network; 2) provision of long distance direct dialing fixed network; 3) provision of international connection fixed network; 4) provision of closed fixed network. b) provision of mobile network: 1) provision of terrestrial mobile network; 2) provision of cellular mobile network; 3) provision of satellite mobile network. 3. Licenses for the Provision of Telecommunication Services: a) provision of basic telephone service; b) provision of value added telephone service; c) provision of multimedia service.
4 4. Licenses for the Provision of Special Telecommunication Services: a) Government Agencies; b) Legal Entities; c) Radio Amateurs; d) Inter-inhabitant Radio Communication. 5. Licenses for Number/Access Code Usage. 6. Licenses for Radio Stations. 7. Licenses for Bands. 8. Landing Rights. a) Satellite Landing Right; b) Optical Fiber Landing Right. 9. Right on Satellite Filing. b. Certificates processed and/or issued by the Directorate General of Post and Telecommunication comprise: 1. Certificates of Telecommunication Tools and Equipment. 2. Certificates of Concession Radio Operator Qualifications. 3. Certificates of Radio Electronics and Radio Operators (REOR). 4. Certificates of Operation-Worthy Declaration (SKLO). c. Licenses processed and/or issued by the Directorate General of Communication Means and Information Dissemination comprise: 1. Licenses for Broadcasting Provision: a) Public Broadcasting Institutions; b) Private Broadcasting Institutions; c) Community Broadcasting Institutions; and d) Subscriber Broadcasting Institutions. 2. Licenses for the Coverage Activities of Foreign Broadcasting Institutions: a) placing a correspondent to conduct the journalistic activities of broadcasting; b) carry equipment for sending to and broadcast reception from satellite and/or other media; and c) open an office of foreign broadcasting with a view to supporting administrative field. Article 2 Licenses referred to in Article 1 letter a figure 1, figure 2, figure 3, figure 4 letter a) and letter b), figure 5, figure 8 letter b), and letter b figure 4 which were earlier processed and/or issued by the Directorate General of Post and Telecommunication, are shifted to the Directorate General of the Provision of Post and Information Technology. Article 3 Licenses referred to in Article 1 letter a figure 4 letter c) and letter d), figure 6, figure 7, figure 8 letter a), figure 9, and letter b figure 1, figure 2, and figure 3
5 which were earlier processed and/or issued by the Directorate General of Post and Telecommunication, are shifted to the Directorate General of Resources and Equipment of Post and Information Technology. Article 4 Licenses referred to in Article 1 letter c which were earlier processed and/or issued by the Directorate General of Communication Means and Information Dissemination, are shifted to the Directorate General of the Provision of Post and Information Technology. Article 5 At the time of the coming into force of this Ministerial Decree, all the prevailing regulations related to maters of processing, issuance of licenses, and certification in the field of communication and information technology are still applicable as long as they are not contradictory to this Ministerial Decree. Article 6 This Ministerial Decree shall come into force on the date of its ratification. In order to make known to every body, instruct the promulgation of this Ministerial Decree by placing it in the State Announcement of the Republic of Indonesia Done at: JAKARTA On : December 30, 2010 Minister of Communication and Information Technology of the Republic of Indonesia Signed TIFATUL SEMBIRING Promulgated at: Jakarta On : December 31, 2010 Minister of Law and Human Rights of the Republic of Indonesia PATRIALIS AKBAR