Article 41
In order to evidence the correct usage of telecommunications facilities at the request
of the telecommunications service user, the telecommunications services operator is
obligated to record the use of the telecommunications facility by the user of
telecommunications services, and may record information in accordance with
prevailing statutory regulations.
Article 42
(1)
The telecommunications services operator is obligated to keep confidential the
information transmitted and/or received by a telecommunications services
subscriber
through
the
telecommunications
networks
and/or
telecommunications services that it is providing.
(2)
For the purposes of criminal prosecution, the telecommunications services
operator may record the information transmitted and/or received by the
telecommunication services operator and may provide the information required
on the basis of:
(4)
a.
a written request from the Attorney General and/or the Chief of Police of
the Republic of Indonesia for certain criminal offenses;
b.
the request of an investigator for certain criminal offenses- in accordance
with prevailing laws.
Provisions concerning the procedures for requests and submission of the
recorded information referred to in paragraph (2) shall be regulated by
Government Regulation.
Article 43
The delivery of recorded information by the telecommunications services operator to
the telecommunications services user referred to in Article 41 and for purposes of
criminal prosecution referred to in Article 42 paragraph (2) shall not constitute a
violation under Article 40.
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