INDONESIA Law and Practice Contributed by: Agus Ahadi Deradjat (Agung), Mahiswara Timur, Nina Cornelia Santoso and Natasya Nurul Amalia, ABNR Counsellors at Law
Electronic Signatures/Digital Identity Schemes
Age Ratings and Content Restrictions MR 2 provides game classifications based on age group: 3+, 7+, 13+, 15+ and 18+. The clas - sification is determined based on the following content elements: cigarettes and/or electronic cigarettes, alcoholic beverages, narcotics, psy - chotropic substances and/or other addictive substances; violence; blood; mutilation and cannibalism; strong language; adult humour; display of human-like characters; pornography; gambling simulation; horror; online interaction; and financial transaction. In addition to game classifications, game opera - tors are also subject to prohibitions under the EIT Law, GR 71 and MR 5 to display or facilitate the distribution of prohibited content. In-Game Purchases, Loot Boxes and Gambling Elements The proliferation of online gambling in Indo - nesia over past few years has been a signifi - cant concern of the government. The regulator and law enforcement authorities have taken an aggressive approach towards combatting online gambling, including performing “cybersweep - ing” to block online gambling websites. While real online gambling is strictly prohibited under the EIT Law, MR 2 allows gambling simulation games, provided that the game does not have cash-out mechanisms (either in the form of mon - ey or prizes). In making their games available in Indonesia, game developers need to carefully design them to ensure that features like in-game purchases and loot boxes do not include any mechanisms for players/users to exchange them with real money or anything with real-world value.
E-signatures are regulated under the EIT Law and GR 71. They are considered a form of elec - tronic certification and must be issued by a cer - tification authority. The certification authority for electronic certification may either be an Indo - nesian certification authority or a foreign certi - fication authority. However, the classification of e-signatures produced by these two different authorities differs in evidentiary value before the Indonesian court. An Indonesian certification authority is able to produce a “certified e-signa - ture”, whereas a foreign certification authority is only able to produce a “non-certified e-signa - ture” which has less evidentiary value in court. Currently, several certification authorities have been registered with the MCIT, which is indica - tive of the MCIT’s efforts in promoting the use of e-signatures in Indonesia. The Indonesian government has turned its atten - tion towards the gaming industry in the past few years. Last year, the government issued a key regulatory framework on gaming – that is, Presidential Regulation No 19 of 2024 on the Acceleration of the Development of the National Gaming Industry. This regulation aims to boost the share of local game developers and enhance Indonesia’s position in global gaming markets. In the same year, the MOCD issued Regulation No 2 of 2024 on Games Classification (MR 2), which serves as the main reference for game publishers in publishing games. 9. Gaming Industry 9.1 Regulations
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