Are You An Internet Reseller? Pay Attention To These Legal Aspects And Impacts For The Company

Illustration/Photo: Antara

JAKARTA - Internet access services can be resold through a cooperation agreement, but there are legal aspects that must be considered.

"This is stated in the Regulation of the Minister of Communication and Information Technology Number 1 of 2021 concerning the Implementation of Telecommunication Services, concerning the Second Amendment to the Regulation of the Minister of Communication and Information Technology Number 13 of 2019 concerning the Implementation of Telecommunication Services," said the young expert policy analyst, Director General of Post and Information Technology at the Ministry of Communications and Information Technology (Directorate General of PPI Kemkominfo) Febran Suryawan in APJII press release on Thursday, July 14.

In the Permenkominfo, reseller companies can use the trademark of telecommunication services that are resold and can add the trademark of reseller companies to customers.

Resellers must also meet the provisions of the quality standards of Telecommunication Services which are equivalent to the commitments of the previous providers.

"All revenues from the implementation of the resell (reseller) of Telecommunication Services become income from and are recorded by the Telecommunication Service Provider and the billing includes the trademark of the Telecommunication Service Provider," said Febran.

A legal expert from the law firm Rumah Hukum Noviana Monalisa said, "Resellers and internet service providers (ISPs) must also pay attention to the legal impact of Unfair Business Competition. KPPU has given threats to those who compete unfairly, including the cancellation of closed agreements."

The Business Competition Supervisory Commission (KPPU), said Noviana, may impose administrative sanctions including cancellation of closed agreements (internet access service resale agreements), termination of activities proven to cause monopolistic practices, and or unfair business competition, and paying compensation or fines.

There is also a criminal article for a minimum fine of IDR 5 billion and a maximum of IDR 25 billion, or imprisonment in lieu of a fine for a maximum of five months.

The parties must also comply with the provisions in Law 11 of 2020 concerning Job Creation, namely that the telecommunications operation as referred to can only be carried out after fulfilling the Business Licensing from the Central Government.

Whoever violates these provisions shall be subject to a maximum imprisonment of 10 (ten) years and/or a maximum fine of IDR 1.5 billion.

Meanwhile, Chairman of the Regional Board of the DKI Jakarta Indonesian Internet Service Providers Association (APJII) Tedi Supardi Muslih said APJII members must obey the laws and regulations and their derivatives.

"We want there to be no multiple interpretations in understanding the regulations. There must be one perception, not only for business people and policymakers, in this case, the Ministry of Communication and Information, but also related ministries/agencies and law enforcement," said Tedi.

With more and more APJII members understanding the legal aspects related to resellers, it is hoped that there will be synergy between business actors, regulators, and law enforcement officers, said Tedi at the Regulatory Forum for Indonesian Internet organizers and resellers.