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E-Commerce Regulation


Regulation of E-Commerce in Indonesia Has Been Regulated in the Trade Law

The rapid development of information and communication technology especially the internet and smartphones opens up new business opportunities. One of the new businesses is e-commerce. E-commerce (electronic commerce) is an understanding of buying and selling goods / services or transmitting funds / data through electronic networks, especially the internet. E-commerce itself is experiencing very rapid growth in Indonesia. It is known that the total market value of Indonesian e-commerce in mid-2013 to January 2014 is predicted by Vela Asia and Google will reach USD 8 billion and is predicted to continue to increase to reach USD 24 billion. Visa estimates that online shopping in Indonesia will grow 40% this year and 53% next year, from 23% last year. Considering the rapid growth of e-commerce, the government has made regulations related to E-commerce that have been regulated in Law Number 7 of 2014 concerning Trade.

  Policies and Regulations Supporting E-Commerce in Indonesia
 as we already know, E-commerce requires supporting policies and regulations in the implementation of electronic transactions on E-commerce, which must be fulfilled by the Government, as Regulators, including by:
 1. Law of the Republic of Indonesia No. 11 of 2008 concerning Information and Electronic Transactions (ITE). Those who have Nine Articles in it, mandate the establishment of Government Regulations concerning:
1) Reliability Certification Institution (Article 10 Paragraph 2);
2) Electronic Signatures (Article 11 Paragraph 2);
3) Electronic Certification Certifier (Article 13 Paragraph 6);
4) Electronic System Operator (Article 16 Paragraph 2);
5) Implementation of Electronic Transactions (Article 17 Paragraph 3);
6) Electronic Agent Operator (Article 22 Paragraph 2);
7) Domain Name Management (Article 24);

2. Government Regulation of the Republic of Indonesia No. 82 of 2012 concerning the Implementation of Electronic Transactions and Systems (PSTE). In the PP PSTE it regulates general provisions regarding:
1) Electronic Systems
2) Electronic Transactions
3) Electronic Agents
4) Electronic System Operator
5) Supervisory Agency and Related Sector Regulators
6) Software
7) Electronic System Eligibility Certification
8) State Executing Agency From PP PSTE, a derivative of PP in the form of Design is required.


As stated above, the development of information technology and systems continues to produce various innovations, especially those related to financial technology (fintech). in order to meet the needs of the community, including in the field of payment system services, the implementation of payment transaction processing needs to continue to support the creation of a smooth, safe, efficient and reliable payment system, so that arrangements for payment system service providers are needed to complement existing provisions by prioritizing compliance prudent principles and adequate risk management, and by continuing to pay attention to the expansion of access, national interests and consumer protection, including international standards and practices.
Therefore, Bank Indonesia needs to encourage the role of domestic actors in structuring the ownership structure of providers of payment system services in the current provisions. It needs to be continuously equipped and formulated more comprehensively to provide clearer direction and guidance to payment system service providers and payment transaction providers, and to the community.


 CHAPTER 1
BANK INDONESIA REGULATION NUMBER 18/40 / PBI / 2016 CONCERNING MANAGEMENT OF PROCUREMENT OF PAYMENT TRANSACTIONS
Article 1 (6): 'Payment Gateway is an electronic service that allows traders to process payment transactions using payment instruments using cards, electronic money and / or Proprietary Channels.'
CHAPTER 2
 MANAGER IN PROCESSING OF PAYMENT TRANSACTIONS 
 Article 2 (1): Processing of payment transactions is carried out by Payment System Service Providers and Supporting Operators. (2) Processing of payment transactions as referred to in paragraph (1) includes activities: a. pre-transaction; b. authorization; c. clearing; d. final settlement (settlement); and e. post-transaction.
 Article 3 (1): Payment System Service Provider as referred to in Article 2 paragraph (1) consists of: a. Principal; b. Switching Organizer; c. Publisher; d. Acquirer; e. Payment Gateway Organizer; f. Clearing Operator; g. Final Settlement Provider; h. Fund Transfer Organizer; i. Electronic Wallet Organizer; and J. Other Payment System Service Providers determined by Bank Indonesia.

LICENSING AND APPROVAL IN OPERATION OF PROCESSING OF PAYMENT TRANSACTIONS
Chapter 3 First Section (General)
Article 4 (1): Every party acting as a Payment System Service Provider as referred to in Article 3 paragraph (1) must first obtain a permit from Bank Indonesia.
Article 4 (2): The party that has obtained the permit as referred to in paragraph (1) and will do: a. development of payment system service activities; b. product development and activity of payment system services; and / or c. cooperation with other parties, must first obtain approval from Bank Indonesia.
 The following are important PBI adjustment points regarding the Implementation of Electronic Money:
1) The scope of regulation of electronic money includes open loop electronic money (can be used as an instrument of payment to providers of goods and services outside the issuers of electronic money), and closed loop electronic money (can only be used as an instrument of payment to EU issuers of goods and services ) In this arrangement, every party acting as an electronic money provider must obtain a permit from BI, except the issuer of closed loop e-money with a float fund under Rp. 1 billion.
2) For issuers of institutions other than banks, they must have a minimum paid up capital of Rp 3 billion and are required to increase the minimum paid-up capital along with the increase in the average amount of float funds.
3) The composition of share ownership for issuers of non-bank institutions is 51% domestic and 49% foreign.
4) Bank Indonesia may assess fit and proper tests of controlling shareholders, members of the board of directors, and members of the board of commissioners of institutions other than banks that apply for licenses to become electronic money providers.
5) Each party is prohibited from becoming a controlling shareholder in more than one Payment System Operator (PJSP)


Tiara Amima Putri Dewi
106218081 IR-1

https://www.academia.edu/37021950/KEBIJAKAN_HUKUM_DAN_REGULASI_DALAM_TRANSAKSI_E-COMMERCE_DI_INDONESIA
PBI, yang dikirimkan oleh anggota Dewan Pengawasan Sistem Pembayaran

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