Penyelenggaraan Sistem Elektronik (Electronic System Operation) in Indonesia

Under Article 1 point 6 of Law Number 11 of 2008 on Electronic Information. Furthermore, Transactions (ITE Law), Penyelenggaraan Sistem Elektronik (Electronic System Operation) is the utilization of an Electronic System by state organizers. Individuals, business entities, and/or the public. It refers to the operational activity itself, whereas the entity providing, managing. Alternatively, Operating the system is the Electronic System Provider (Penyelenggara Sistem Elektronik or PSE. Defined in Law Number 19 of 2016 Article 1 point 6a).

Core Reliability and Minimum System Duties in the ITE Law

In Chapter IV of the ITE Law, Article 15(1) requires every Electronic System Provider to operate its Electronic System reliably. Furthermore, Securely and holds the provider responsible for proper system operation. That liability does not apply if force majeure, user fault, and/or user negligence is proven (Article 15(3)). Article 16(1) sets minimum operational requirements, including the ability to display Electronic Information and/or Electronic Documents in full throughout the statutory retention period.

The text of Article 1 point 6 and Articles 15 and 16 remained intact through Law 19/2016. Furthermore, Law Number 1 of 2024 (which updated the Elucidation of Article 15 and added child-protection Articles 16A-16B). Under PP Number 71 of 2019 Article 2, operation is divided into Public-Scope PSE (state agencies). Furthermore, Private-Scope PSE (including providers regulated or supervised by a ministry or agency).

Why It Matters for Clinics, Hospitals, and RME Vendors

Under Permenkes Number 24 of 2022 Article 9(1). An Electronic Medical Record (RME) system may be developed by the Ministry of Health, by the healthcare facility itself. Alternatively, By a PSE through cooperation. Any PSE partnering on RME must be registered as a health-sector PSE with the communications. Furthermore, Informatics ministry (Permenkes 24/2022 Article 9(3)) before the system is used by end users (PP 71/2019 Article 6). Additionally, the healthcare facility or PSE must register the RME system with the Ministry of Health (Permenkes 24/2022 Article 12(1)).

Related Terms

• Electronic System (Sistem Elektronik): A series of electronic devices. Furthermore, Procedures that prepare, collect, process, analyze, store, display, announce, transmit, and/or disseminate Electronic Information (Law 11/2008 Article 1 point 5).
• Electronic System Provider (PSE): Any person, state organizer, business entity. Alternatively, Community entity that provides, manages, and/or operates an Electronic System for itself or others (Law 19/2016 Article 1 point 6a).

Legal basis: Law Number 11 of 2008 Articles 1 points 5-6, 15, and 16(1). Law Number 19 of 2016 Article I point 1. Law Number 1 of 2024 Article I points 4-5. PP Number 71 of 2019 Articles 2 and 6. Permenkes Number 24 of 2022 Articles 9 and 12.