Communication and Informatics (Kominfo) Ministry is reported to have been preparing a regulation on foreign over the top (OTT) content provider companies operating in Indonesia. The regulation is expected to be issued at the end of March 2016. One of the articles in the regulation will oblige foreign OTT companies to form establish a legal entity in Indonesia. Bambang Heru Tjahjono,
Director General of Informatics Application of the Kominfo, confirmed the plan. “Yes, [the regulation will be issued] at the end of March,” Bambang told us on Sunday, March 20, 2016.
Bambang however, dismissed reports saying that the Kominfo would ban foreign OTTs who failed to establish a business entity in Indonesia.
In an attempt to response to emerging foreign OTTs, Bambang said that the government will offer win-win solutions. “We will not necessarily ban foreign OTTs. The most important thing for Kominfo is [to focus on] customer service and consumer protection issues,” Bambang said.
According to Nonot Harsono, Chairman of the Indonesian Telematics Society, regulation on foreign OTTs, particularly related to the obligation to establish a business entity in Indonesia, is required to maintain Indonesia’s sovereignty.
Nonot explained that the presence of foreign OTTs in Indonesia without permanent business entity is comparable to vendors selling their merchandises inside a house without permission. The lack of license and business entity, Nonot added, could be considered as unethical conduct and ignoring the government’s sovereignty.