Jakarta, Wednesday, July 1st 2015.Pada Monday, June 29, 2015 days ago, Indonesia E-Commerce Association (IDEA) has delivered the official views of the associated matrix RPP E-Commerce to the Ministry of Trade. In the letter also presented an extension of time to 30 days from 7 days given by the Ministry of Trade. Until this release is derived, the Ministry of Trade has not answered whether an extension of time is granted.

Earlier, the Association has repeatedly filed complaints to the Ministry of Trade judged to be transparent in compiling the RPP. During the second year of this discourse rolling, the Association was never given access to the draft document. Given matrix is ​​also considered not comprehensive enough, but it's important to evaluate the entire document as a whole.

The first point to be discussed in the official view is the need for clarity regarding the limitations of liability businesses involved in e-commerce transactions, which includes: Dealer Operator Trading Transactions through Electronic Systems (PTPMSE), and the Operator Facility Intermediaries. It should be understood that the e-commerce industry has several types of business models, so tanggug its scope needs to be distinguished according to their respective business models.

The second point is about the equality of enforcement to businesses domiciled in the territory of Indonesia and abroad. If the Government can not do that balanced enforcement to foreign businesses that are outside the Territory of Indonesia, Internet users would be able to use other solutions that are not governed by the laws of Indonesia.

The next is a matter of the obligation to have, specify and communicate the identity of legal subjects (ID card, license, SK Number Validation Legal Entity), also known as KYC. In this case, the Association proposes KYC only with phone number data, because the regulation of the telecommunications sector has required and implement KYC against the user's phone number. In addition, until now there has been no means provided in order that the government can PTPMSE verifies the identity (KTP) merchants and consumers.

Then Association also highlighted the permitting plated assessed can inhibit the growth of the industry. The licensing includes the special register marks, a special permit trading through the electronic system, and a certificate of reliability. The vacuum of the implementing regulations related to each of these licenses will cause confusion that is not conducive to the e-commerce businesses in Indonesia.

The last thing that has become a point of concern is the fact that some parts of RPP contrary to the rule of law. The first is the law of carriage adheres to the principle of responsibility by an error / fault liability: "Any carrier who make mistakes in organizing the transport must be responsible compensate for any losses incurred as a result of that mistake, the injured party must prove the guilt of the carrier." Would However, the RPP matrix E-Commerce, the responsibility is on PTPMSE.

The second is based on the Law on consumer protection dispute settlement divides into several parts, namely: settlement of civil disputes in court, settlement of civil disputes outside the court, the settlement criminally and administratively for settling disputes. However, the RPP matrix E-Commerce, known for their online dispute resolution which is not recognized by the law on arbitration and alternative dispute resolution.

"The view that we convey this still needs to be elaborated further. We hope the Ministry of Commerce may grant an extension of time so that we can provide substantial input and best for documents that are crucial to the future of e-commerce industry nationwide this," said Daniel Tumiwa as Chairman IDEA. "Dead or advancement of the industry will be determined at this time !," he added.