INDONESIA Law and Practice Contributed by: Agus Ahadi Deradjat (Agung), Mahiswara Timur, Nina Cornelia Santoso and Natasya Nurul Amalia, ABNR Counsellors at Law
7.2 Service Agreements and Interconnection Agreements
has the authority to determine the recommend - ed minimum and/or maximum tariff.
MR 5/2021 requires telecommunications oper - ators to comply with a minimum service level agreement based on the quality standard set by the MOCD. Parties may refer to the following regulations issued by the MOCD in drafting tel - ecommunications agreements: • Directorate General of Post and Information Services Regulation (DGPR) No 1 of 2021, as amended by DGPR No 1 of 2023, on the Technical Provisions on the Implementation of Telecommunications Services; and • DGPR No 7 of 2024 on Implementation of Tel - ecommunication Network Quality Standard. Interconnection Agreements MR 5/2021 conceives of interconnection as the connectivity between telecommunication networks from different network providers. For interconnection to occur, the different network providers need to execute an interconnection agreement. The main interconnection agreement encom - passes, among other elements, service quality and scope, capacity and forecasting, the pro - vision of information and confidentiality, calling line identification, the interconnection of services from providers, the issue of fraud, fees, billing and payment. The agreement must also be sup - ported by documents pertaining to planning and operation, billing and payments, a list of inter - connection services, technical specifications and definitions and interpretations. Interconnection prices are determined on a cost basis by considering the economic value and are subject to the standard formulation provided by the government. Concerning tariffs, the MOCD
8. Trust Services and Digital Entities 8.1 Trust Services and Electronic Signatures/Digital Identity Schemes Trust Services Under Indonesian laws and regulations, trust services are managed by certification authori - ties. The EIT Law stipulates that a certification authority may provide the following: • electronic signatures (e-signatures); • an electronic seal; • electronic time stamps; • a registered electronic delivery service; • website authentication; • preservation of electronic signatures and electronic seals; • a digital identity; and • other services that use electronic certificates. The EIT Law and MCIT Regulation No 11 of 2022 on Implementation of Electronic Certifica - tion Governance require certification authorities offering electronic certification and providing services that use electronic certificates in Indo - nesia to be Indonesian legal entities domiciled in Indonesia, except where the services are not available in Indonesia. Although this requirement is mainly intended to promote local certification authorities, this raises a question as to the valid - ity of certificates issued by foreign certification authorities, which could be a substantial legal issue in cross-border transactions.
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