Informasi Elektronik (Electronic Information) under Indonesia's ITE Law

Under Article 1 point 1 of Law Number 11 of 2008 on Electronic Information. Furthermore, Transactions (ITE Law), Informasi Elektronik (Electronic Information) is one or a collection of electronic data. Including but not limited to text, voice, images, maps, designs, photographs, electronic data interchange (EDI). Electronic mail, telegram, telex, telecopy or similar forms, letters, signs, numbers, Access Codes, symbols. Alternatively, Perforations—that has been processed and carries meaning or can be understood by people capable of understanding it. Because the definition uses "including but not limited to," the listed formats are illustrative examples.

Position in the ITE Law and PP 71/2019

This definition remains unchanged: Law Number 19 of 2016 only inserted point 6a into Article 1. Furthermore, Law Number 1 of 2024 did not amend Article 1. Other core ITE Law concepts build directly upon it:

• Electronic Document (Dokumen Elektronik, Article 1 point 4): Electronic Information that has been created, forwarded, sent, received. Alternatively, Stored in analog, digital, electromagnetic, optical, or similar form, and can be seen, displayed, and/or heard through a Computer or Electronic System.
• Electronic System (Sistem Elektronik, Article 1 point 5): A series of electronic devices. Furthermore, Procedures that prepare, collect, process, analyze, store, display, announce, transmit, and/or disseminate Electronic Information.

PP Number 71 of 2019 also defines Electronic Information alongside a separate definition for Electronic Data (Article 1 points 8 and 30).

Why It Matters for Clinics, Hospitals, and Electronic Medical Records

Text notes, diagnostic images, photographs, and voice recordings stored in a clinic or hospital system fall within the examples of Electronic Information. Under Article 5(1) of the ITE Law, Electronic Information and/or Electronic Documents and/or their printouts constitute valid legal evidence. under Article 5(3), Electronic Information and/or Electronic Documents are valid when using an Electronic System that complies with the ITE Law. Law 1/2024 amended Article 5(4) so that Article 5(1) does not apply where another statute regulates otherwise.

In healthcare, Permenkes Number 24 of 2022 cites the ITE Law in Recital 3. Defines Electronic Medical Records around electronic systems dedicated to medical records (Article 1 point 2). In addition, Permits electronic signatures on RME in accordance with statutory rules (Article 31).

Legal basis: Law Number 11 of 2008 Articles 1 points 1, 4, 5, and 5(1), 5(3). Law Number 19 of 2016 Article I points 1-2. Law Number 1 of 2024 Article I point 1 (Article 5(4) and Elucidation). PP Number 71 of 2019 Article 1 points 8 and 30. Permenkes Number 24 of 2022 Recital 3, Article 1 point 2, and Article 31.