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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