to Indonesian
a. that in the framework to improve licensing service in relation with export and/or import activities conducted through Indonesia National Single Window, it is necessary to amend Presidential Regulation Number 10 of 2008 concerning the Use of Electronic System in the Framework of Indonesia National Single Window;
b. that based on consideration as intended in paragraph a, it is necessary to stipulate Presidential Regulation concerning Amendment to the Presidential Regulation Number 10 of 2008 concerning the Use of Electronic System in the Framework of Indonesia National Single Window;
1. Article 4 paragraph (1) of the Constitution of the Republic of Indonesia of 1945;
2. Law of the Republic of Indonesia Number 10 of 1995 concerning Customs (Statute Book of the Republic of Indonesia Number 75 of 1995, Supplement to Statute Book of the Republic of Indonesia Number 3612) as amended by Law of the Republic of Indonesia Number 17 of 2006 (Statute Book of the Republic of Indonesia Number 93 of 2006, Supplement to Statute Book of the Republic of Indonesia Number 4661);
3. Law Number 11 of 2008 concerning Electronic Information and Transaction (Statute Book of the Republic of Indonesia Number 58 of 2008, Supplement to Statute Book of the Republic of Indonesia Number 4843);
4. Presidential Regulation Number 10 of 2008 concerning the Use of Electronic System in the Framework of Indonesia National Single Window;
PRESIDENTIAL REGULATION CONCERNING AMENDMENT TO PRESIDENTIAL REGULATION NUMBER 10 OF 2008 CONCERNING THE USE OF ELECTRONIC SYSTEM IN THE FRAMEWORK OF INDONESIA NATIONAL SINGLE WINDOW
Several provisions in Presidential Regulation Number 10 of 2008 concerning the Use of Electronic System in the Framework of Indonesia National Single Window shall be amended as follows:
1. Provision of Article 1 shall be amended become as follows:
"Article 1
In this Presidential Regulation what is referred as:
1. Electronic System is a series of devices and electronic procedures which have function to prepare, collect, process, analyze, store, display, publish, send, and/or distribute electronic information;
2. Indonesia National Single Window, hereinafter called as INSW is Indonesia national system that allows the single submission of data and information, single and synchronous processing of data and information, and single decision making for custom release and clearance of cargoes;
3. INSW Portal is a system that will perform the integration of information relating to the handling of customs documents and clearance of cargo, ensuring data and information security as well as integrating flow and processes of information among internal systems automatically, which includes system of customs, licensing, port/airport affairs, and the other systems related with the handling of customs documents and clearance of cargo;
4. Domain name is the Internet address of a person, association, organization, business entity, or government agency that can be used to communicate through the Internet in the form of code or characters that are unique indicates a particular location in the Internet;
5. The Information security system is a system used in the security of data and information, network connections, and supporting infrastructure, which is done either physically or using the software;
6. Access is the activity to interact with electronic systems that stand alone or with the network;
7. Electronic document is any electronic information created, transmitted, sent, received, or stored in the form of analog, digital, electro-magnetic, optical, or the like, which can be seen, displayed and/or heard through computer or electronic systems, including but not limited to in writing, sounds or images, maps, designs, photos or the like, letters, signs, numbers, access codes, symbols or perforations having meaning or sense or can be understood by person who are able to understand it;
8. Electronic data interchange is a legal act performed by means of an electronic system among the parties to exchange data;
9. Audit trace hereinafter called as audit trail is the result of a electronic process security system that is used to ensure conducting INSW execution trace;
10. INSW Portal Users are the ministries/agencies and business entities are given right to access INSW Portal;
11. Deleted."
2. Provision of Article 2 shall be amended become as follows:
"Article 2
(1) This Presidential Regulation is intended to govern the use of electronic systems in the handling of customs documents, licensing, and other documents relating to the export and/or import activities in the framework of INSW.
(2) Goal of governing:
3. Provisions of Article 3 shall be amended become as follows:
"Article 3
(1) Handling of customs documents, licensing, and other documents relating to the export and/or import activities through INSW.
(2) Development and implementation of INSW as intended in paragraph (1) shall be conducted as per the guidelines determined by the Ministry of Finance."
4. Between paragraph (1) and paragraph (2) of Article 4 is inserted 2 (two) paragraphs, called paragraph (1a) and paragraph (1b) so Article 4 is read as follows:
"Article 4
(1) For the handling of customs documents and licensing services related to exports and/or imports activities, the Government provides INSW Portal.
(1a) INSW Portal as intended in paragraph (1) become single reference in the implementation of export and import that is applied while not regulated yet or not opposite with regulations.
(1b) INSW Portal as intended in paragraph (1) shall be made in Indonesian Language, or if required may also made in Indonesian Language and English.
(2) Providing of INSW Portal as intended in paragraph (1) conducted by the Ministry of Finance in accordance with the regulations.
(3) INSW Portal as intended in paragraph (1) managed by INSW Portal operator that is determined further by separate Presidential Regulation."
5. Provisions of Article 6 shall be amended become as follows:
"Article 6
INSW Portal Operator as intended in Article 4 paragraph (3) has responsibility on the:
a. single submission of data and information, single and synchronous processing of data and information, and single decision making for customs release and clearance of cargoes;
b. ensure service system at INSW Portal operated continuously and meet data and information security standard;
c. process information systems management and validation electronically to the portal users to gain legal access.
d. coordinating and synchronizing the exchange of data and information directly (online) among users of the portal.
e. setting up realization of export and/or import access data from the relevant permit publishers as confirmation to realization of export and/or import of licenses that have been issued, in accordance with applicable regulations.
f. take action to solve the disruption to the service system and INSW Portal.
g. provide an audit trail.
h. ensure the security and confidentiality of the data and information submitted by agency through the INSW Portal.
i. prepare call center; and
j. carry out other activities determined by the Minister of Finance."
6. Provision of paragraph (1) and paragraph (4) of Article 10 shall be amended, paragraph (2) of Article 10 is deleted, and between paragraph (4) and paragraph (5) of Article 10 is inserted 1 (one) paragraph called paragraph (4a), so Article 10 is read as follows:
"Article 10
(1) Each INSW Portal user that has access right should.
(2) Deleted.
(3) INSW Portal user that submit data through INSW Portal are required to provide back up data.
(4) INSW Portal Operator shall arrange and determine Service Level Arrangement and Standard Operating Procedures.
(4a) INSW Portal User of ministries/agencies prepare and apply Service Level Arrangement, Standard Operating Procedures referring to Service Level Arrangement and Standard Operating Procedures of INSW Portal operator as intended in paragraph (4).
(5) INSW Portal users shall use standard data element are used in INSW Portal."
7. Provision of Article 13 shall be amended become as follows:
"Article 13
(1) INSW Portal Operator as intended in Article 4 paragraph (3) shall be established at the latest at the end of December 2013.
(2) Before establishment of INSW Portal Operator as intended in paragraph (1), responsibility of INSW operation conducted by NSW Preparation Team that is led by Minister of Finance.
(3) Structure of NSW Preparation Team members as intended paragraph (2) is determined by Coordination Minister of Economics Affairs."
8. Provisions of Article 14 shall be amended become read as follows:
"Article 14
INSW Portal User may be charged in according to provisions of regulation in the field of non tax state revenues."
This Presidential Regulation shall come into force on the date of promulgation.
For public cognizance, this Presidential Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on March 20, 2012
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
signed,
DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on March 20, 2012
MINISTER OF LAW AND HUMAN RIGHTS OF REPUBLIC OF INDONESIA
signed,
AMIR SYAMSUDIN