(2) The Government shall protect the public interest from any type of threat as a result of misusing
Electronic Information and Electronic Transactions that offends public order, in accordance with
provisions of Laws and Regulations.
(3) The Government shall specify agencies or institutions holding strategic electronic data that must be
protected.
(4) Agencies or institutions as intended by section (3) must create Electronic Records and the electronic
backups thereof, and connect them with specified data centers in the interest of data security.
(5) Other agencies or institutions other than those regulated by section (3) shall create Electronic
Records and their electronic backups as necessary to protect data they hold.
(6) Further provisions on role of the Government as intended by section (1), section (2), and section (3)
shall be regulated by Regulation of the Government.
Article 41
(1) The public may play role in the improvement of the Information Technology usage through the
use and Provision of Electronic Systems and Electronic Transactions in accordance with the
provisions of this Law.
(2) Role of the public as intended by section (1) may be played via institutions the public forms.
(3) Institutions as intended by section (2) may have the functions of consultation and mediation.
CHAPTER X
INVESTIGATION
Article 42
Investigation of criminal acts as intended by this Law shall be made under the provisions of the Law of
Criminal Procedure and the provisions of this Law.
Article 43
(1) In addition to Investigators of the State Police of the Republic of Indonesia, certain Civil Service
Officials within the Government whose scope of duties and responsibilities is in the field of
Information Technology and Electronic Transactions shall be granted special authority as
investigators as intended by the Law of Criminal Procedure to make investigation of criminal
acts of Information Technology and Electronic Transactions.
(2) Investigation of Information Technology and Electronic Transactions as intended by section (1)
shall be made with due regard to privacy protection, secrecy, smooth public services, data
integrity, or data entirety in accordance with provisions of laws and regulations.
(3) Searches and/or seizures of electronic systems suspiciously involved in criminal acts must be
carried out with the permission of the local chief justice of the district court.
(4) In carrying out searches and/or seizures as intended by section (3), investigators are required to
maintain the public service interests.
(5) Civil Service Investigators as intended by section (1) shall have the authority:
a.
to receive reports or complaints from Persons of the occurrence of criminal acts under
the provisions of this Law;
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.