INDONESIA Law and Practice Contributed by: Agus Ahadi Deradjat (Agung), Mahiswara Timur, Nina Cornelia Santoso and Natasya Nurul Amalia, ABNR Counsellors at Law
authorise telecommunications operators to enforce traffic management, which could be broadly interpreted to include bandwidth throt - tling. Recent Updates on the Telecommunications Industry 5G Network In July 2024, the MOCD issued Decree No 352 of 2024 on the Technical Standards for Telecom - munications Equipment and/or Mobile Telecom - munications Devices Based on Long Term Evo - lution Technology Standards and International Mobile Telecommunications Technology Stand - ards-2020 (MD 352), which stipulates that the 5G bandwidth for SS 5G NR FR1 Stand Alone is n28, whereas that for SS 5G NR FR2 Stand Alone is n258. Starlink As of April 2024, Starlink has provided internet services to several rural communities in Indone - sia using low Earth orbit satellites. This technol - ogy provides a competitive advantage over other conventional ISPs in Indonesia. Pursuant to MR 13/2019, any ISPs operating in Indonesia must establish a physical presence and build their own network operation centre (NOC) in Indonesia. If foreign ISPs do not ful - fil these requirements, they are required to co- operate with Indonesian ISPs via a NAP. As of this writing, the government is aiming to limit Starlink’s activity to rural areas only, which
rently, Indonesia does not have net neutrality regulations in place, meaning there are no limi - tations on ISPs with respect to blocking or pre - venting their consumers from accessing com - petitors’ services. However, general competition law provisions apply. It should be noted that MR 5/2021 requires cer - tain business undertakings that meet significant criteria to co-operate with local licensed tel - ecommunications operators. These business undertakings include: • telecommunications service substitutes; • OTT service operators; and • broadcasting service substitutes and other services determined by the MOCD. It is essential that such co-operation adheres to the principles of fairness, equity and non- discrimination, while also ensuring consistent quality of services as stipulated by the relevant laws and regulations. In the absence of such co-operation, the telecommunications operator has the right to implement traffic management measures. 6.3 Emerging Technologies The telecommunications industry in Indonesia is heavily regulated, with telecommunication service providers having to fulfil several require - ments before being able to operate. This means that emerging technologies such as the IoT and AI will most likely have little-to-no impact on the nation’s telecommunication industries, as such technologies do not alleviate the strict require - ments that telecommunication providers are subject to. However, emerging technologies that rely heavily on infrastructures like 5G technology are more likely to be regulated by the government. In such
cannot be covered by existing ISPs. 6.2 Net Neutrality Regulations
Net neutrality regulations can be understood as the government’s effort to protect consum - ers’ rights by preventing ISPs from blocking or degrading the service of its competitors. Cur -
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