(3) The provision as intended by section (2) shall not apply where it is verifiable that there occur
compelling circumstances, fault, and/or negligence on the part of the Electronic System users.
Article 16
(1) To the extent not provided otherwise by separate laws, any Electronic System Provider is
required to operate Electronic Systems in compliance with the following minimal requirements:
a. can redisplay Electronic Information and/or Electronic Records in their entirety in accordance
with the retention period as provided for by Laws and Regulations;
b. can protect the availability, entirety, authenticity, confidentiality, and accessibility of Electronic
Information in the Provision of Electronic Systems;
c. can operate in compliance with procedures or guidelines for the Provision of Electronic Systems;
d. are furnished with procedures or guidelines that are announced with languages, information, or
symbols that are understandable to parties attributed to the Provision of Electronic Systems; and
e. adopt sustainable mechanism in order to maintain updates, clarity, and accountability for the
procedures or guidelines;
(2) Further provisions on Provision of Electronic Systems as intended by section (1) shall be
regulated by Government Regulation.
CHAPTER V
ELECTRONIC TRANSACTIONS
Article 17
(1) Provision of Electronic Transactions may be carried out within a public or private scope.
(2) Parties that conduct Electronic Transactions as intended by section (1) must be in good faith in
making interaction and/or exchange of Electronic Information and/or Electronic Records during
the transactions.
(3) Further provisions on provision of Electronic Transactions as intended by section (1) shall be
regulated by Government Regulation.
Article 18
(1) Electronic Transactions that are stated in Electronic Contracts shall bind on parties.
(2) Parties shall have the power to choose law applicable to international Electronic Transactions
they enter.
(3) If parties do not make choice of law in international Electronic Transactions, the applicable law
shall be under the principles of the Private International Law.
(4) Parties shall have the powers to determine forums of court, arbitration, or other alternative
dispute resolution institutions with jurisdiction to handle disputes that may arise from
international Electronic Transactions they enter.
(5) If parties do not make choice of forum as intended by section (4), the jurisdiction of court,
arbitration, or other alternative dispute resolution institution with jurisdiction to handle
This version is intended as a convenience for the readers and is a not a substitute for the official text. Source: Bappeda Indonesia
and www.cgap.org.