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Safe Harbor Policy: Legal Certainty and Its Impact on the E-Commerce Industry and Digital Economy

Jakarta, 30 August 2018 The Indonesian E-Commerce Association (IDEA) held a Safe Harbor Policy Discussion: Legal Certainty and Its Impact on the E-Commerce Industry and Digital Economy. This discussion aims to provide information on Safe Harbor's policies and facilitate stakeholders, the government or industry players to be able to exchange ideas in implementing the Safe Harbor policy that is right on target and effective. 

This time, IDEA presented representatives from relevant stakeholders such as the Ministry of Communication and Information, the Ministry of Trade and the Indonesian Criminal Investigation Agency. In addition, IDEA also presented foreign observers a Professor from the Korea University of Law School. 

On this occasion, the Ministry of Communication and Information, represented by Mr. I Nyoman Adhiarna explained the latest developments regarding the Draft Regulations related to the Safe Harbor Policy. Followed by representatives from the Ministry of Trade, Mr. Muhardi Akbar who also explained the relevant provisions stipulated in the RPP E-Commerce. 

Then, the representative from the National Police Criminal Investigation Agency, Mr. Silvester Simamora, presented e-commerce cases and the law enforcement process in the e-commerce case. Lastly Prof. Kyung Sin Park, a foreign observer and academician who is active in discussing internet issues, explained about the implementation of the Safe Harbor Policy in the United States and South Korea. 

Next was a panelist session for e-commerce players represented by Bukalapak, OLX and Tokopedia. The panelists expressed their views on Safe Harbor Policy and hopes for the future of Safe Harbor policy. 

Through this discussion, the government emphasized the need to establish closer communication and coordination between the government and e-commerce actors to be able to more easily deal with the problem. The regulations issued are also expected not to be rigid and can help industries carry out effective takedown notice processes. And it should be noted that there are challenges faced by other countries in the implementation of Safe Harbor Policy.