Briefly
The Indonesian Authorities has simply issued a much-anticipated laws that’s intently linked with two necessary parts in society: kids and expertise. This new regulation introduces new obligations and prohibitions for digital system operators in relation to the entry and use of digital methods by kids.
Contents
Authorities Regulation No. 17 of 2025 on the Governance of Digital System Implementation in Youngster Safety (Peraturan Pemerintah No. 17 Tahun 2025 tentang Tata Kelola Penyelenggaraan Sistem Elektronik Dalam Pelindungan Anak (“GR 17“)) is efficient as of 27 March 2025. There’s a two-year transitional interval for Digital System Operators (ESO) to evolve with GR 17, and there are indications that a number of ministerial laws will probably be issued so as to add extra particulars. As with the 2022 Private Information Safety Regulation, which has the same transitional interval, the expectation is that full implementation and enforcement will probably be carried out after the transitional interval.
Common requirement
GR 17 regulates that ESOs are obligated to offer safety for youngsters (i.e., those that are beneath 18 years of age) who use or entry digital methods, by offering:
- Data on the minimal age restrict for youngsters who can use their services (i.e., grouping of (i) 3-5 years, (ii) 6-9 years, (iii) 10-12 years, (iv) 13-15 years, and (v) 16-before 18 years)
- A verification mechanism for little one customers
- A reporting mechanism for misuse of merchandise, providers, and options that violate or have the potential to violate kids’s rights
Who’re the ESOs
The time period ESO in GR 17 covers each public ESOs and personal ESOs. For personal ESOs, it covers those who develop and/or function on-line merchandise, providers and options which can be both (i) particularly designed for use or accessed by kids, or (ii) could also be used or accessed by kids.
Threat degree and notification requirement
On-line merchandise, providers and options will probably be accessed primarily based on their danger degree for youngsters, i.e., both low danger or excessive danger.
The danger degree evaluation is finished primarily based on the next points:
- Contracting with unknown individuals
- Publicity to pornographic content material, violent content material, content material that may endanger life, and different content material that isn’t acceptable for youngsters
- Exploitation of kids as shoppers
- Menace to kids’s psychological wellness
- Attainable physiological problems in kids
If a web-based product, service or function has a excessive danger degree in one of many points above, it will likely be thought-about as excessive danger.
If a web-based product, service or function has a low danger degree in all the points above, it will likely be thought-about as low danger.
The danger degree evaluation is a self-assessment carried out by the related ESO. That stated, the related ESO should report the results of the self-assessment to the Ministry of Communication and Digital (“Komdigi“). The Ministry will confirm the submitted outcome, after which stipulate the chance profile of the net product, service or function.
GR 17 mandates the preparation and issuance of a ministerial regulation to offer additional provisions on the self-assessment talked about above. As such, this self-assessment and notification requirement will not be applied and enforced instantly.
Obligations of ESOs
ESOs are additionally required to fulfill the next obligations:
- Acquire consent from little one customers’ mother and father or guardians
- Conduct a private knowledge safety affect evaluation
- Configure product, service and have settings which can be particularly designed for use or accessed by kids or that could be used or accessed by kids in a excessive degree of privateness by default
- Present info that’s full, right, correct and never deceptive that permits customers to know the merchandise, providers and options
- Present schooling and empowerment on the digital ecosystem
- Present notifications within the type of indicators or alerts in monitoring kids’s actions or monitoring kids’s areas from product, service and options
- Present a selection of capabilities which can be appropriate for the kid’s capability and age
- Firmly decide the social gathering answerable for processing kids’s private knowledge for toys or gadgets that may be linked to the web
- Make sure that events appointed by or collaborating with the ESO meet the necessities of kid safety
- Appoint an official or officer who carries out the operate of non-public knowledge safety
Prohibitions
ESOs are additionally prohibited from finishing up actions reminiscent of:
- Utilizing or implementing means, methods or practices which can be hidden or non-transparent within the growth or use of the merchandise, providers and options
- Gathering correct geolocation info of kids
- Finishing up profiling of kids.
Whereas there’s a two-year transitional interval earlier than GR 17 will probably be totally applied and enforced, ESOs may have to begin familiarizing themselves with the provisions within the regulation and figuring out a plan to adjust to the regulation.
Do keep in mind the necessity for ESOs to conduct a danger degree self-assessment of their platforms (which then must be reported to Komdigi), in addition to the age classes which can be acceptable to make use of and entry the merchandise, providers and options.
Komdigi would be the authorities company accountable for the implementation of GR17 (with the opportunity of cooperation with different authorities companies and regulation enforcement companies), which incorporates the authority to carry out the next actions:
- Monitoring and/or tracing of kid safety obligations in digital methods operated by ESOs
- Receiving studies or complaints on alleged violations by ESOs concerning little one safety obligations
- Finishing up examinations to comply with up on the monitoring and/or tracing
- Taking actions to determine management (reminiscent of imposing administrative sanctions, giving orders to ESOs, or making violations by ESOs public) primarily based on the outcomes of the examinations
From the general public perspective, GR 17 gives the chance for the general public/group typically to take lively roles in little one safety in digital methods, by offering schooling to kids, mother and father or guardians concerning the advantages and unfavorable impacts of using merchandise, providers and options. GR 17 additionally gives alternatives for the general public/group to report or make complaints if they think ESOs should not assembly their obligations to guard kids in digital methods.
* * * * *
© 2025 HHP Regulation Agency. All rights reserved. In accordance with a typical terminology utilized in skilled service organizations. reference to a “companion” means an individual who’s a companion, or equal in such a regulation agency. Equally reference to an “workplace” means the workplace of any such regulation agency. This will qualify as “Lawyer Promoting” requiring discover in some jurisdictions. Prior outcomes don’t assure the same consequence.
Briefly
The Indonesian Authorities has simply issued a much-anticipated laws that’s intently linked with two necessary parts in society: kids and expertise. This new regulation introduces new obligations and prohibitions for digital system operators in relation to the entry and use of digital methods by kids.
Contents
Authorities Regulation No. 17 of 2025 on the Governance of Digital System Implementation in Youngster Safety (Peraturan Pemerintah No. 17 Tahun 2025 tentang Tata Kelola Penyelenggaraan Sistem Elektronik Dalam Pelindungan Anak (“GR 17“)) is efficient as of 27 March 2025. There’s a two-year transitional interval for Digital System Operators (ESO) to evolve with GR 17, and there are indications that a number of ministerial laws will probably be issued so as to add extra particulars. As with the 2022 Private Information Safety Regulation, which has the same transitional interval, the expectation is that full implementation and enforcement will probably be carried out after the transitional interval.
Common requirement
GR 17 regulates that ESOs are obligated to offer safety for youngsters (i.e., those that are beneath 18 years of age) who use or entry digital methods, by offering:
- Data on the minimal age restrict for youngsters who can use their services (i.e., grouping of (i) 3-5 years, (ii) 6-9 years, (iii) 10-12 years, (iv) 13-15 years, and (v) 16-before 18 years)
- A verification mechanism for little one customers
- A reporting mechanism for misuse of merchandise, providers, and options that violate or have the potential to violate kids’s rights
Who’re the ESOs
The time period ESO in GR 17 covers each public ESOs and personal ESOs. For personal ESOs, it covers those who develop and/or function on-line merchandise, providers and options which can be both (i) particularly designed for use or accessed by kids, or (ii) could also be used or accessed by kids.
Threat degree and notification requirement
On-line merchandise, providers and options will probably be accessed primarily based on their danger degree for youngsters, i.e., both low danger or excessive danger.
The danger degree evaluation is finished primarily based on the next points:
- Contracting with unknown individuals
- Publicity to pornographic content material, violent content material, content material that may endanger life, and different content material that isn’t acceptable for youngsters
- Exploitation of kids as shoppers
- Menace to kids’s psychological wellness
- Attainable physiological problems in kids
If a web-based product, service or function has a excessive danger degree in one of many points above, it will likely be thought-about as excessive danger.
If a web-based product, service or function has a low danger degree in all the points above, it will likely be thought-about as low danger.
The danger degree evaluation is a self-assessment carried out by the related ESO. That stated, the related ESO should report the results of the self-assessment to the Ministry of Communication and Digital (“Komdigi“). The Ministry will confirm the submitted outcome, after which stipulate the chance profile of the net product, service or function.
GR 17 mandates the preparation and issuance of a ministerial regulation to offer additional provisions on the self-assessment talked about above. As such, this self-assessment and notification requirement will not be applied and enforced instantly.
Obligations of ESOs
ESOs are additionally required to fulfill the next obligations:
- Acquire consent from little one customers’ mother and father or guardians
- Conduct a private knowledge safety affect evaluation
- Configure product, service and have settings which can be particularly designed for use or accessed by kids or that could be used or accessed by kids in a excessive degree of privateness by default
- Present info that’s full, right, correct and never deceptive that permits customers to know the merchandise, providers and options
- Present schooling and empowerment on the digital ecosystem
- Present notifications within the type of indicators or alerts in monitoring kids’s actions or monitoring kids’s areas from product, service and options
- Present a selection of capabilities which can be appropriate for the kid’s capability and age
- Firmly decide the social gathering answerable for processing kids’s private knowledge for toys or gadgets that may be linked to the web
- Make sure that events appointed by or collaborating with the ESO meet the necessities of kid safety
- Appoint an official or officer who carries out the operate of non-public knowledge safety
Prohibitions
ESOs are additionally prohibited from finishing up actions reminiscent of:
- Utilizing or implementing means, methods or practices which can be hidden or non-transparent within the growth or use of the merchandise, providers and options
- Gathering correct geolocation info of kids
- Finishing up profiling of kids.
Whereas there’s a two-year transitional interval earlier than GR 17 will probably be totally applied and enforced, ESOs may have to begin familiarizing themselves with the provisions within the regulation and figuring out a plan to adjust to the regulation.
Do keep in mind the necessity for ESOs to conduct a danger degree self-assessment of their platforms (which then must be reported to Komdigi), in addition to the age classes which can be acceptable to make use of and entry the merchandise, providers and options.
Komdigi would be the authorities company accountable for the implementation of GR17 (with the opportunity of cooperation with different authorities companies and regulation enforcement companies), which incorporates the authority to carry out the next actions:
- Monitoring and/or tracing of kid safety obligations in digital methods operated by ESOs
- Receiving studies or complaints on alleged violations by ESOs concerning little one safety obligations
- Finishing up examinations to comply with up on the monitoring and/or tracing
- Taking actions to determine management (reminiscent of imposing administrative sanctions, giving orders to ESOs, or making violations by ESOs public) primarily based on the outcomes of the examinations
From the general public perspective, GR 17 gives the chance for the general public/group typically to take lively roles in little one safety in digital methods, by offering schooling to kids, mother and father or guardians concerning the advantages and unfavorable impacts of using merchandise, providers and options. GR 17 additionally gives alternatives for the general public/group to report or make complaints if they think ESOs should not assembly their obligations to guard kids in digital methods.
* * * * *
© 2025 HHP Regulation Agency. All rights reserved. In accordance with a typical terminology utilized in skilled service organizations. reference to a “companion” means an individual who’s a companion, or equal in such a regulation agency. Equally reference to an “workplace” means the workplace of any such regulation agency. This will qualify as “Lawyer Promoting” requiring discover in some jurisdictions. Prior outcomes don’t assure the same consequence.
