DECREE OF THE MINISTER OF COMMUNICATION AND INFORMATION TECHNOLOGY NUMBER : 20/PER/M.KOMINFO/12/2010

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1 DECREE OF THE MINISTER OF COMMUNICATION AND INFORMATION TECHNOLOGY NUMBER : 20/PER/M.KOMINFO/12/2010 ON MANAGEMENT INFORMATION SYSTEM AND MONITORING OF SUBDISTRICT INTERNET SERVICE BY THE GRACE OF GOD THE ALMIGHTY MINISTER OF COMMUNICATION AND INFORMATION TECHNOLOGY, Considering : a. that the provision of Article 3 paragraph (1) of the Decree of the Minister of Communication and Information Technology Number 48/PER/M.KOMINFO/11/2009 on Provision of Internet Access Service in the Area of the Subdistrict Internet Universal Telecommunication Service as amended by the Decree of the Minister of Communication and Information Technology Number 19/PER/M.KOMINFO/12/2010 defines that every Subdistrict Internet Service Center shall be linked to the Management Information System and Monitoring of Subdistrict Internet Service; b. that in order that the objective of the formation of the Subdistrict Internet Service Center may be well achieved, the activities and the provision of the Management Information System and Monitoring of Subdistrict Internet Service need to be further redefined; c. that based on considerations mentioned in points a and b above, it is considered necessary to ratify a Decree of the Minister of Communication and Information Technology on the Management Information System and Monitoring of Subdistrict Internet Service. Bearing in mind: 1. Law of the Republic of Indonesia Number 20 Year 1997 on Non-Tax State Income (State Gazette of the Republic of Indonesia Number 43 Year 1997, Additional State Gazette of the Republic of Indonesia Number 3687);

2 2 2. Law of the Republic of Indonesia Number 36 Year 1999 on Telecommunication (State Gazette of the Republic of Indonesia Number 154 Year 1999, Additional State Gazette of the Republic of Indonesia Number 3881); 3. Law of the Republic of Indonesia Number 17 Year 2003 on State Finance (State Gazette of the Republic of Indonesia Number 47 Year 2003, Additional State Gazette of the Republic of Indonesia Number 4286); 4. Law of the Republic of Indonesia Number 1 Year 2004 on State Treasury (State Gazette of the Republic of Indonesia Number 5 Year 2004, Additional State Gazette of the Republic of Indonesia Number 4355); 5. Law of the Republic of Indonesia Number 32 Year 2004 on Regional Governments (State Gazette of the Republic of Indonesia Number 38 Year 2005, Additional State Gazette of the Republic of Indonesia Number 4493); 6. Government Regulation of the Republic of Indonesia Number 73 Year 1999 on Procedure of Using Non-Tax State Income Emanating from Certain Activities (State Gazette of the Republic of Indonesia Number 136 Year 1999, Additional State Gazette of the Republic of Indonesia Number 3871); 7. Government Regulation of the Republic of Indonesia Number 52 Year 2000 on Telecommunication Provision (State Gazette of the Republic of Indonesia Number 107 Year 2000, Additional State Gazette of the Republic of Indonesia Number 3980); 8. Government Regulation of the Republic of Indonesia Number 23 Year 2005 on Financial Management of Public Service Body (State Gazette of the Republic of Indonesia Number 48 Year 2005, Additional State Gazette of the Republic of Indonesia Number 4502); 9. Government Regulation of the Republic of Indonesia Number 6 Year 2006 on Management of State/Regional Government Properties (State Gazette of the Republic of Indonesia Number 20 Year 2006, Additional State Gazette of the Republic of Indonesia Number 4609);

3 3 10. Decree of the President of the Republic of Indonesia Number 67 Year 2005 on Cooperation between the Government and Business Entities in Providing Infrastructure; 11. Decree of the President of the Republic of Indonesia Number 47 Year 2009 on Formation and Organization of State Ministries of the Republic of Indonesia; 12. Decree of the President of the Republic of Indonesia Number 24 Year 2010 on Positions, Tasks, and Functions of State Ministries of the Republic of Indonesia and Organizational Structures, Tasks and Functions of Echelon I of State Ministries of the Republic of Indonesia; 13. Decree of the President of the Republic of Indonesia Number 54 Year 2010 on Guidelines for the Implementation of the Procurement of Goods/Services of the Government; 14. Decision of the Minister of Communication Number 4 Year 2001 on Defining the National Fundamental Technical Plan 2000 of National Telecommunication Development as amended latest by the Decree of the Minister of Communication and Information Technology Number: 09/PER/M.KOMINFO/06/2010; 15. Decision of the Minister of Communication Number KM. 21 Year 2001 on Provision of Telecommunication Service as amended latest by the Decree of the Minister of Communication and Information Technology Number : 31/PER/M.KOMINFO/09/2008; 16. Decree of the Minister of Communication and Information Technology Number 26/PER/M.KOMINFO/5/2007 on Securing the Making Use of Internet Protocol Based Telecommunication Network as amended by the Decree of the Minister of Communication and Information Technology Number: 16/PER/M.KOMINFO/10/2010; 17. Decree of the Minister of Communication and Information Technology Number: 48/PER/M.KOMINFO/11/2009 on Provision of Internet Access Service in the Area of Subdistrict Internet Universal Telecommunication Service as amended by the Decree of the Minister of

4 4 Communication and Information Technology Number: 19/PER/M.KOMINFO/12/2010; 18. Decision of the Minister of Finance Number 350/KMK.05/2009 on Designation of the House of Rural Telecommunication and Information Technology at the Department of Communication and Information Technology as Government Agency Applying Financial Management Pattern of Public Service Body; 19. Decree of the Minister of Communication and Information Technology Number 17/PER/M.KOMINFO/10/2010 on Organization and Working of the Ministry of Communication and Information Technology; 20. Decree of the Minister of Communication and Information Technology Number 18/PER/M.KOMINFO/11/2010 on Organization and Work Method of the House of Provision and Management of Financing Telecommunication and Information Technology. DECIDES To ratify : DECREE OF THE MINISTER OF COMMUNICATION AND INFORMATION TECHNOLOGY ON MANAGEMENT INFORMATION SYSTEM AND MONITORING OF SUBDISTRICT INTERNET SERVICE CHAPTER I GENERAL PROVISIONS Article 1 In this Ministerial Decree, what is meant by: 1. Telecommunication: Any transmission, emission and/or reception of any information in the form of signs, signals, writing, images, voices, and sounds by wire, optical, radio, or other electromagnetic systems; 2. Telecommunication network: a series of telecommunication equipment and their supplements used in telecommunication;

5 5 3. Interconnection: linkage between telecommunication networks of different telecommunication providers; 4. Internet Protocol/IP: a network layer protocol containing addressing information and a number of control information to conduct routing of data packets; 5. Autonomous System Number hereinafter called AS number: a public AS number that has a unique numbering (different/distinctive); 6. Internet Protocol version 6 hereinafter called IPv6: a kind of network addressing used in TCP/IP network protocol having an address combination of 128 bits; 7. Network Operation Center hereinafter called NOC: a center of means and infrastructure of operating and controlling telecommunication network; 8. Area of Subdistrict Internet Universal Telecommunication Service hereinafter called Subdistrict Internet WPUT: location of providing internet access service in the subdistricts of underdeveloped areas, remote areas, pioneering areas, border areas, uneconomic areas, and areas not reached yet by telecommunication access and service; 9. Center of Subdistrict Internet Service hereinafter called PLIK: a center of means and infrastructure of providing internet access service in the capitals of subdistricts financed through contribution fund of Universal Telecommunication Service Obligation 10. Management Information System and Monitoring of Subdistrict Internet Service hereinafter called SIMMLIK: a management information system and monitoring of PLIK operated by BPPPTI; 11. Internet Service Provider hereinafter called ISP: a provider of multimedia service providing internet access service to the community; 12. Minister: the Minister whose scope of work and responsibility is in the field of telecommunication;

6 6 13. Director General: the Director General whose scope of work and responsibility is in the field of post and information technology; 14. House of Providing and Managing Financing of Telecommunication and Information Technology hereinafter called BPPPTI: a Technical Implementation Unit within the Directorate General of Postal and Information Technology Provision applying Financial Management Pattern of Public Service Body (PPK-BLU) under and directly responsible to the Director General of Postal and Information Technology Provision. CHAPTER II SCOPE Article 2 SIMMLIK functions as: a. system of internet access provision; b. management and monitoring system of equipment and internet network; c. content distribution management center. Article 3 (1) The internet access provision system referred to in Article 2 point a at least covers: a. local internet access provision and international internet access to PLIK; b. provision of peering means and infrastructure among PLIK providers. (2) Management and monitoring system of equipment and internet network referred to in Article 2 point b at least cover: a. monitoring of service quality standard towards performance and utilization of:

7 7 1) PLIK equipment; 2) SIMMLIK equipment; 3) PLIK network to SIMMLIK; 4) internet access network. b. implementing management related to: 1) PLIK users; 2) optimization of internet access bandwidth; 3) network security; 4) reporting. (3) Content distribution management center referred to in Article 2 point c covers the provision and management of means and infrastructure related to content distribution. Article 4 To execute the function mentioned in Article 2, it is necessary to undertake activities of: a. providing internet access; b. providing and maintaining SIMMLIK equipment; c. operating SIMMLIK. CHAPTER III INTERNET ACCESS PROVISION Part One Provision and Auction Article 5 (1) Internet access provision is the supply of SIMMLIK internet bandwidth covering: a. internet bandwidth to local internet exchange; b. international internet bandwidth; c. bandwidth to SIMMLIK data center; d. bandwidth to NOC of BPPPTI; e. other supporting facilities.

8 8 (2) Internet bandwidth referred to in paragraph (1) points a and b may only be used for the purpose of operating PLIK and SIMMLIK. (3) Internet access referred to in paragraph (1) must comply with the Service Level Agreement stipulated in the auction document. Article 6 (1) SIMMLIK internet access provider is determined by authorized official based on the auction process in accordance with the provision of prevailing regulations. (2) The auction referred to in paragraph (1) is carried out by BPPPTI based on auction document in accordance with the provision of prevailing regulations. (3) Candidate provider of SIMMLIK internet access entitled to participate in the auction is the Internet Service Provider. (4) The Internet Service Provider referred to in paragraph (3) may form partnership with other parties. (5) The partnership referred to in paragraph (4) is further determined in the auction document defined by BPPPTI pursuant to the provision of prevailing regulations. Part Two Right and Obligation of Internet Access Provider Article 7 SIMMLIK internet access provider has the right to obtain payment from BPPPTI for the cost of providing SIMMLIK internet access. Article 8 Provider of SIMMLIK internet access shall: a. provide continuous service; b. provide AS Number and IP Public in line with the need; c. support the use of IPv6; and

9 9 d. undertake internet network security in accordance with the provision of prevailing regulations. CHAPTER IV PROVISION AND MAINTENANCE OF SIMMLIK EQUIPMENT Part One Provision, Maintenance and Auction Article 9 (1) Provision and maintenance of SIMMLIK equipment are needed to carry out the functions of: a. management and monitoring system of internet network; and b. content distribution management center. (2) The function of content distribution management center referred to in paragraph (1) point b must be capable of supporting secure and sound internet. Article 10 (1) SIMMLIK equipment consists of software device, hardware device, and other supporting means. (2) SIMMLIK software device referred to in paragraph (1) at least covers: a. operation system; b. management and monitoring system of SIMMLIK and PLIK infrastructures; and c. content distribution and management. (3) Hardware device and other supporting means referred to in paragraph (1) at least cover: a. server;

10 10 b. storage and other supporting equipment; c. network equipment; d. Network Operation Center (NOC); e. Data center equipment; and f. reserved power supply. (4) Software and hardware devices and other supporting means referred to in paragraphs (2) and (3) are further stipulated in the auction document defined by BPPPTI in accordance with the provision of prevailing regulations. Article 11 (1) Provider and maintainer of SIMMLIK equipment are designated by authorized official based on auction process in accordance with the provision of prevailing regulations. (2) The auction referred to in paragraph (1) is carried out by BPPPTI based on auction document in accordance with the provision of prevailing regulations. (3) The candidate provider and maintainer of SIMMLIK equipment entitled to participate in the auction are legal bodies dealing in information technology. (4) The legal bodies referred to in paragraph (3) may form partnership with other parties. (5) The partnership with other parties referred to in paragraph (4) is further determined in the auction document defined by BPPPTI in accordance with the provision of prevailing regulations. Part Two Right and Obligation of Provider and Maintainer of SIMMLIK Equipment Article 12 Provider and maintainer of SIMMLIK equipment have the right to obtain payment for providing and maintaining SIMMLIK equipment.

11 11 Article 13 Provider and maintainer of SIMMLIK equipment shall: a. use telecommunication tools and/or equipment that have obtained certificates from the Director General; b. provide and maintain SIMMLIK equipment and means as stipulated in the contract between the provider and maintainer of SIMMLIK equipment and BPPPTI; c. provide transfer of knowledge to BPPPTI for the operation of the system and technology utilized in SIMMLIK; d. support the use of IPv6; e. ensure interoperability between SIMMLIK and PLIK; f. fulfil the security requirements of hardware and software devices of SIMMLIK in accordance with the provision of prevailing regulations; g. use capital expenditure/capex of at least thirty-five percent (35%) for spending domestic products. CHAPTER V SIMMLIK OPERATION Article 14 SIMMLIK operation covers at least activities of: a. monitoring and evaluating service quality performance standard and utilization towards: 1) PLIK equipment; 2) SIMMLIK equipment; 3) PLIK to SIMMLIK network; and 4) Internet access network. b. content distribution:

12 12 1) as contact center of PLIK and SIMMLIK service; and 2) as mediator of content distribution. Article 15 (1) SIMMLIK operation referred to in Article 14 is implemented by BPPPTI. (2) BPPPTI may cooperate with other parties for operating SIMMLIK referred to in paragraph (1). CHAPTER VI CONTRACT Article 16 (1) The contract for providing SIMMLIK internet access and the provision and maintenance of SIMMLIK equipment are of multi years for the period of forty-eight (48) months. (2) The contract referred to in paragraph (1) is a service-based contract. (3) The contract referred to in paragraph (1) may be extended based on the evaluation result so long as the fund is available and in accordance with the provision of prevailing regulations. Article 17 Payment for the provision of SIMMLIK internet access and the provision and maintenance of SIMMLIK equipment are stipulated in the contract. CHAPTER VII SUPERVISION AND CONTROL

13 13 Article 18 Supervision and control towards the implementation of this Ministerial Decree is conducted by the Director General. CHAPTER VIII FINAL PROVISION Article 19 This Ministerial Decree shall come into force on the date of its ratification. In order to make known to every body, instruct the promulgation of this Ministerial Decree by placing it in the State Announcement of the Republic of Indonesia. Done at: JAKARTA On : December 13, 2010 MINISTER OF COMMUNICATION AND INFORMATION TECHNOLOGY, Signed TIFATUL SEMBIRING

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