Regarding The Rubber Article Of The Minister Of Communication And Informatics Related To PSE In The Private Scope, The Directorate General Of Aptika Gives Responses

The rubber article of the Minister of Communication and Information Technology Number 10 of 2021 concerning Amendments to the Minister of Communication and Information Technology Number 5 of 2020 concerning Private Scope PSE. (photo: Directorate General of Aptika)

JAKARTA - The Director General of Information Applications at the Ministry of Communications and Informatics, Semuel A. Pangerapan, gave his response regarding the three rubber articles of Ministerial Regulation (Permen) Kominfo Number 10 of 2021 concerning Amendments to Minister of Communication and Information Technology Number 5 of 2020 concerning Private Scope PSE.

Previously, the three articles that were considered problematic were conveyed by a cyber security consultant and Founder of Indonesian Ethical Hackers, Teguh Aprianto, on Twitter on Sunday, July 17.

As stated by Teguh, VOI has requested permission to quote the three articles, including Article 9 paragraphs 3 and 4, Article 14 paragraph 3, and Article 36.

Article 9 paragraphs 3 and 4

Article 9 paragraph 3 states that the Private Scope PSE must ensure:

the Electronic System does not contain any prohibited Electronic Information and/or Electronic Documents; and its Electronic System does not facilitate the dissemination of prohibited Electronic Information and/or Electronic Documents.

Article 9 paragraph 4 contains Electronic Information and or Electronic Documents that are prohibited as referred to in paragraph (3) with the classification:

violate the provisions of laws and regulations; disturbing the public and disturbing public order; and notify the way or provide access to Electronic Information and/or Electronic Documents that are prohibited.

According to Teguh, it is too dangerous because it "disturbs the community" and "disturbs public order" is considered rubber.

"Later it can be used to "turn off" criticism even if it is delivered peacefully. On what basis? They just answer "disturbing public order", he said.

Article 14 paragraph 3

This article reads that, the application as referred to in paragraph (1) is urgent in the event that:

terrorism; child pornography; content that disturbs the public and disturbs public order.

"In this section, they will be able to limit their freedom of expression and opinion at will. Why is my content being taken down?

Article 36

The next article underlined by Teguh is article 36 paragraph 1 san 3 which contains:

(1). Private Scope PSE provides access to Traffic Data (traffic data) and Electronic System User Information (Subscriber Information) requested by Law Enforcement Officials in the event that the request is officially submitted to the Private Scope PSE Contact Person.

(3). Private Scope PSE provides access to Communication Content requested by Law Enforcement Officials in the event that the request is officially submitted to Private Scope PSE.

Teguh assumes that if law enforcement will be able to request communication content and personal data from PSE, what is the guarantee that the data will not be misused.

"What is the guarantee that this will not be misused to limit or eliminate the movements of those who are against the government? Nothing, right?" he said.

Asking about the three articles of rubber, Samuel gave his response during a press conference on Tuesday, July 19.

For article 36, Samuel said that in the matter of violating and enforcing the law, policies exist in all countries. Samuel also gave an example of the DNA Robot case, where the apparatus had to enter the PSE system to be checked.

"DNA for robots, for example, is a crime from the system itself, so the apparatus must be able to enter the system. In that case, it was the PSE system which was naughty, and was carried out by the company. there must be a case first," said Samuel.

Then related to content that disturbs the public and disturbs public order, Samuel emphasized that Kominfo will not take down content carelessly.

"For example, posts related to religion are immediately crowded and we will act on them, because they are disturbing. So there is content first, not before. So it must really happen in the community, we can't have no problems but take it down," he said. .