New Regulation On The Certification And Labelling of Telecommunications Equipment And Devices In Indonesia.
Legal News & Analysis - Asia Pacific - Indonesia - Regulatory & Compliance
13 March, 2019
The Indonesian Minister of Communication and Informatics (“MOCI”) has issued a regulation that principally governs (i) the certification of telecommunications equipment and devices following the implementation of one-door licensing through the Online Single Submission (“OSS”) system, and (ii) product labelling requirements.
MOCI Regulation No. 16 of 2018 regarding Operational Provisions for the Certification of Telecommunications Equipment and/or Devices (“MOCI Reg. 16/2018”) came into force on December 31, 2018.
We summarize the main points below.
Any telecommunications equipment or devices produced, assembled, or imported to be traded and/or used in Indonesia must fulfill certain technical requirements related to the electric, electronic, environmental, safety, security and health aspects of the equipment or device. The fulfillment of these technical requirements is evidenced by the obtainment of a Telecommunications Equipment and/or Device Certificate (the “Certificate”). In other words, the telecommunications equipment and/or devices must be certified, with certain exceptions as provided in MOCI Reg. 16/2018.
The certification process is undertaken via the OSS system. As a prerequisite, the applicant must already have a Business Identification Number (Nomor Induk Berusaha or “NIB”) and a Customer Identity (Identitas Pelanggan or “PLG ID”).
The NIB is a company identity number that every company must obtain through the OSS system. The PLG ID is basically an identity that the applicant must register online, comprising a registration number, username and password. Registration of the PLG ID shall be done through an e-certificate website provided by the certification institution (i.e., the Directorate of Standardization of Post and Informatics Devices).
It should be noted that certified telecommunications equipment and devices must be recertified after three years as of the effective date of their initial certification.
MOCI Reg. 16/2018 provides that any certified telecommunications equipment or device must be affixed with a Label and QR Code stipulated in the Certificate, as well as a Warning Sign (except for short-range devices).
Below is a brief summary of each of these labeling requirements:
The Certificate holder must report its compliance with these requirements by uploading photo(s) of the telecommunications equipment or devices affixed with the Label, QR Code, and Warning Sign to the certification institution within 30 (thirty) business days as of the issuance of the Certificate.
MOCI Reg. 16/2018 also allows for the random sampling of certified telecommunications equipment and devices already on the market to assess whether their technical specifications conform to the required technical specifications.
The sampling will be done by the Directorate General of Resources and Post and Informatics Devices and by involving other relevant institutions. Testing may be conducted periodically or based on a complaint.
For further information, please contact:
Soewito Suhardiman Eddymurthy Kardono