ELUCIDATION TO
THE LAW OF THE REPUBLIC OF INDONESIA
NO. 36 OF 1999
ON
TELECOMMUNICATIONS
GENERAL
Since the enactment of Law No. 3 of 1989 on Telecommunications, the development
and operation of telecommunications has played a significant and strategic role in
supporting and driving economic activities, stabilizing defense and safety, developing
the mentality of the nation, enhancing the government’s activities, strengthening the
nation’s solidarity and unity within the archipelago concept, and stabilizing national
resilience as well as improving international relations.
Changes in the global environment and the very rapid development of
telecommunication has reinforced the emergence of fundamental changes, creating
new telecommunications environments, and changes in perspective regarding the
operation of telecommunications, including the benefits resulting from the
convergence of information technology and broadcasting, so that it is deemed
necessary to reorganize the operation of the national telecommunications.
Re-aligning telecommunications operation at the national level has become a real
need, considering the increased ability of the private sector in the operation of
telecommunications, control of telecommunications technology, and its competitive
superiority in fulfilling the needs of the public.
The development of telecommunications technology at the international level,
followed by the increase of its use as a trade commodity with high commercial value,
has reinforced the emergence of various multilateral agreements.
As a country active in developing international relationships based on national
interest, the participation of Indonesia in various multilateral agreements has led to
various consequences, which must be confronted and followed. As from the signing
of the General Agreement on Trade and Services (GATS) in Marrakesh, Marocco,
on 15 April 1994, which was ratified by Law No. 7 of 1994, the operation of national
telecommunications has become an inseparable part of the global trading system.
According to global trading principles emphasizing free and non-discriminating trade,
Indonesia must prepare itself to re-align the operation of telecommunications.
With due observance of the above matters, the role of the Government is focused on
guidance which covers the statement of policies, regulations, supervision and
control, with the participation of the public.
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