national id-igf dialogue 2016 summary

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“Towards Indonesia’s Digital Sovereignty and Resiliency” SUMMARY OF ID-IGF NATIONAL DIALOGUE 2016 Panelists (in alphabetical order): Aulia Marinto (idEA / Indonesia e-Commerce Assocation), I Ketut Prihadi (BRTI / Indonesia Telecommunication Regulatory Authority), Kristiono (MASTEL / Indonesia Infocomm Society). Moderator: Shita Laksmi (HIVOS). Rapporteur: Indriyatno Banyumurti (RTIK / Indonesian ICT Volunteers). The Indonesia National Dialogue on Internet Governance Forum (ID-IGF) is an important affair and needs to be undertaken (regularly – Ed.) not only in Jakarta, but also in other regions across Indonesia. So said Rudiantara, the Indonesian Minister of Communication and Information Technology (MCIT) in his welcome speech in the opening of the national dialogue which was held in the BPPT Thamrin, Jakarta, on Tuesday (15/11/2016). He explained that a number of national issues related to internet governance, such as over-the-top (OTT), internet tax regulation, cyber security efforts, development of infrastructures, as well as roadmap of the Indonesian e-commerce could be jointly discussed in forums such as ID-IGF. According to Rudiantara, the Indonesian Government would keep supporting the creation of level playing field for all Indonesian internet stakeholders in undertaking their business, as well as developing regulations that could be implemented and enforced. He further stated that one of the concerns was the fact that Indonesia needs to undertake its homework concerning the Over-the-Top (OTT) business by developing a regulation concerning the OTT governance as well as supporting local OTT businesses. Currently, there is still a lack of equal opportunity (competitive fairness) between foreign and local OTTs. Local OTTs are demanded to comply with the existing regulations, which force them to go through complex and multi-layered licensing process, and in turn cause them hardship in acquiring funding. On the other hand, many of their foreign counterparts simply ignore such regulations. There shall also be equal treatment between local and foreign OTTs in regulatory context, but there needs to be consideration on how to boost local OTTs through affirmative policy to support especially the small ones to certain level. The Government is currently still preparing the Draft Ministerial Decree (RPM) on OTT (Application and/or Content Service Provision through Internet) which was initiated in December 2015. However, a number of issues hinder the progress. At international level, international trade agreements (such as TPP, RCEP, USEPA, etc.) will put more constraints on Indonesian Government to protect local OTTs due to the agreements’ non-discrimination clause. It is therefore urgent for all relevant parties to think about compromise prior to agreeing such agreements to prevent local OTTs from collapsing. Challenges in Building OTT Technological and Business Regulation ECONOMIC (continue to page 8) INDONESIA INTERNET GOVERNANCE FORUM Plenary Session #2 15 th November 2016 | Auditorium BPPT - Gedung II Lt.3 Jalan M. H. Thamrin No. 8 Jakarta ID-IGF National Dialogue 2016 Committee H. E. Rudiantara, Indonesian MCIT Minister www.igf.id

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Page 1: National ID-IGF Dialogue 2016 Summary

November 2016 - Dialogue Summary 1

“Towards Indonesia’s Digital Sovereignty and Resiliency”

SUMMARY OF ID -IGF NATIONAL DIALOGUE 2016

Panelists (in alphabetical order): Aulia Marinto (idEA / Indonesia e-Commerce Assocation), I Ketut Prihadi (BRTI / Indonesia Telecommunication Regulatory Authority), Kristiono (MASTEL / Indonesia Infocomm Society). Moderator: Shita Laksmi (HIVOS). Rapporteur: Indriyatno Banyumurti (RTIK / Indonesian ICT Volunteers).

The Indonesia National Dialogue on Internet Governance Forum (ID-IGF) is an important affair and needs to be undertaken (regularly – Ed.) not only in Jakarta, but also in other regions across Indonesia. So said Rudiantara, the Indonesian Minister of Communication and Information Technology (MCIT) in his welcome speech in the opening of the national dialogue which was held in the BPPT Thamrin, Jakarta, on Tuesday (15/11/2016). He explained that a number of national issues related to internet governance, such as over-the-top (OTT), internet tax regulation, cyber security efforts, development of infrastructures, as well as roadmap of the Indonesian e-commerce could be jointly discussed in forums such as ID-IGF.

According to Rudiantara, the Indonesian Government would keep supporting the creation of level playing field for all Indonesian internet stakeholders in undertaking their business, as well as developing regulations that could be implemented and enforced. He further stated that one of the concerns was the fact that

Indonesia needs to undertake its homework concerning the Over-the-Top (OTT) business by developing a regulation concerning the OTT governance as well as supporting local OTT businesses. Currently, there is still a lack of equal opportunity (competitive fairness) between foreign and local OTTs. Local OTTs are demanded to comply with the existing regulations, which force them to go through complex and multi-layered licensing process, and in turn cause them hardship in acquiring funding. On the other hand, many of their foreign counterparts simply ignore such regulations.

There shall also be equal treatment between local and foreign OTTs in regulatory context, but there needs to be consideration on how to boost local OTTs through affirmative policy to support especially the small ones to certain level.

The Government is currently still preparing the Draft Ministerial Decree (RPM) on OTT (Application and/or Content Service Provision through Internet) which was initiated in December 2015. However, a number of issues hinder the progress. At international level, international trade agreements (such as TPP, RCEP, USEPA, etc.) will put more constraints on Indonesian Government to protect local OTTs due to the agreements’ non-discrimination clause. It is therefore urgent for all relevant parties to think about compromise prior to agreeing such agreements to prevent local OTTs from collapsing.

Challenges in Building OTT Technological and Business Regulation

ECONOMIC

(continue to page 8)

INDONESIAINTERNE TGOVERNANCEFORUM

Plenary

Session #2

15th November 2016 | Auditorium BPPT - Gedung II Lt.3 Jalan M. H. Thamrin No. 8 Jakarta

ID-IGF National Dialogue 2016 Committee

H. E. Rudiantara, Indonesian MCIT Minister

www.igf.id

Page 2: National ID-IGF Dialogue 2016 Summary

November 2016 - Dialogue Summary2

Cyberspace security and human rights are two affairs that should go hand-in-hand, because the improvement of cyberspace security may support the free and safe use of internet, making it as an important instrument for the exercise of other human rights by the internet users. However, what frequently occur instead are the tensions between the need for security in the cyberspace against human rights protection. Further dissemination of internet at global level has increased the risks, threats and attacks in the cyberspace. However, these tensions actually stems from the unclear or inappropriate definition of national sovereignty and resilience.

This session concluded that currently in Indonesia, there is still an absence of any clear definition concerning national resilience, particularly in its relation with cyberspace security. The session produced several follow-up recommendations to address the issue, namely: Indonesia needs to define its national resilience which can serve as the basis for cyberspace security policy and strategy making, which in turn can protect the entire segments of society, including the minority. In addition, Indonesia also needs to establish a national cyberspace security coordinating agency which is composed of multi-stakeholders.

Panelists (in alphabetical order): Ardi Sutedja (ICSF / Indonesia Cyber Security Forum), Arwin D. W Sumari (Wantanas / National Resilience Council), Edmon Makarim (UI / University of Indonesia), Wahyudi Djafar (ELSAM / Institute for Policy Research and Advocacy). Moderator: Asep Komarudin (LBH Pers / Press Legal Aid). Rapporteur: Blandina Lintang Setianti (ELSAM).

Indonesia’s Cyber Security Framework

Integrating Human Rights in the Institutionalization of Cyberspace Security Policy

LEGAL INFRASTRUCTURE

The emergence of various threats against national cybersecurity is an alarm that calls for collective awareness of various parties including the government, academics, business sector, as well as the community. Indonesia is at its initial phase in developing a national cybersecurity strategy.

The core functions of cybersecurity are Identify, Protect, Detect, Respond, and Recover. Several cybersecurity-related institutions in Indonesia have been mapped: ID-SIRTII, ID-CERT, Lemsaneg (National Crypto Agency), Ministry of Communication and Informatics, Ministry of Defense, Police, community/society (Mastel, APJII), and academics.

Several steps that can be taken moving forward are: developing regulations related to cybersecurity in Indonesia, building National Security Operation Center, national collaboration with regard to research and development in cybesecurity, cooperation with various relevant agencies, raising awareness on cybersecurity, capacity building of local community in various regions across Indonesia, as well as international.

Protecting national cybersecurity is a big task that shall be undertaken collectively by all parties, and one that requires strong commitment from the head of state which can ensure that the National Security Agency run effectively. In addition, wider stakeholders need to be engaged, such as the Bank of Indonesia as well as the Financial Services Authority (OJK), which are some of the pivotal agencies concerned with cybersecurity.

Panelists (in alphabetical order): Andika Triwidada (ID-CERT / Indonesia Computer Emergency Response Team), M. Salahudin Manggalany (ID-SIRTII / Indonesia Security Incident Response Team on Internet Infrastructure), Ronald Tumpal (LEMSANEG / National Crypto Agency), Setiadi Yazid (UI / University of Indonesia). Moderator: Irwin Day (Nawala). Rapporteur: Y. Sumaryo (ISOC - ID / Internet Society - Indonesia).

Session #2 Session #3

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November 2016 - Dialogue Summary 3

There is still a lack of multi-stakeholder collaboration in the digital startup ecosystem. With the government’s intention to empower digital economy, which is a sector with extremely rapid development at global level, an intensive collaboration between sectors related to e-commerce becomes a necessity. Other than fostering digital startups to become problem solvers at local level, there are also aspirations for Indonesian digital startups to be able to compete at global level. According to participants, the problems in Indonesia’s digital startup ecosystem mostly relates to substantial technical field, as well as

normative condition. What needs to be clarified in the first place is the concept of adjustment from the traditional commercial system toward e-commerce, as well as the condition of technical experts as well as those who have IT technical skills. These people need to be prepared to become the actors, and at social level, there must be efforts to convey the message that programmers are not a low-level job.

There needs to be a development of multi-stakeholders collaboration forum with regard to the execution of government programs that have been

prepared in order to build a healthy digital startup ecosystem in Indonesia. In addition to enhancing the intensity of collaboration, the position of multi-stakeholders must also be broadened up to more regions and must be also directed toward decentralization in order to ensure that at the end of the day, the digital startups in Indonesia become inclusive, instead of being centralized in few regions.

The discussion highlighted the crucial role of internet in supporting the repository and depository management which would ease access to knowledge for the general community in a country. However, it needs to go hand-in-hand with the readiness of other factors in the country. In Indonesia, some of the constraints in repository and depository management process include the lack of data collaboration between government agencies, as

well as lack of public information openness.

The session was concluded by highlighting the need for a multi-party collaboration to develop an open digital collection which is easily accessible to all Indonesian people particularly with regard to education and development. For that purpose, the National Library (Perpusnas) can serve as the spearhead organization in developing a digital library that

is connected to the Indonesia OneSearch (onesearch.id). Indonesia OneSearch is one of Perpusnas’s efforts to provide various information and reference in digital format. In addition, the National Library shall also involve other knowledge management agencies such as the national archive, museums, research institutions, individuals, as well as other stakeholders.

The Roles of Stakeholders in Fostering Digital Startup Ecosystem

ECONOMIC

Repository and Depository of Indonesian Knowledge through Public Internet Access

SOCIO-CULTURAL

Panelists (in alphabetical order): Achmad Affandi (ITS / Sepuluh November Technology Institute), Lis Sutjiati (Kemkominfo / MCIT), Steven Vanada (CyberAgent Ventures), Yansen Kamto (1000 Startup Digital). Moderator: Wicak Hidayat (SIDES), Rapporteur: Ardhi Rahmani (Lab Kinetic).

Panelists (in alphabetical order): Ismail Fahmi (One Search Indonesia), Joko Santoso (Perpustakaan Nasional / Indonesian National Library), Nuning Kurniasih (UNPAD / Padjajaran University). Moderator: Harkrisyati Kamil (Komunitas Perpustakaan / Library Community). Rapporteur: Yuli Asmini (Komnas HAM / National Commission for Human Rights).

Session #1

Session #1

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November 2016 - Dialogue Summary4

DOCUMENTATION PHOTOS

MINISTRY OF COMMUNICATION AND INFORMATION TECHNOLOGYDIRECTORATE GENERAL OF ICT APPLICATION

Gedung Utama Lantai 3, Jl. Medan Merdeka Barat No. 9 Jakarta 10110 Email : [email protected] | Web: www.igf.id

INDONESIA IGF SECRETARIAT

Opening Session

Closing Session

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November 2016 - Dialogue Summary 5

Internet, when brought along with decent social arrangement and context, can serve as a medium for public participation to create positive social changes. Internet can facilitate the community to create a collective creation room, disseminate information, disseminate counter-narrative, and even conduct digital activism which can bridge offline action. These were shown in a number of discussions and actions undertaken by Papua Itu Kita, Indorelawan, and Islam Bergerak. However, recently, social media contents in Indonesia are immersed with noises in form of hate speeches which are used for mass mobilization to satisfy certain parties’ interest.

The stock of address for IP v4 has been running out since 2011, particularly in Asia-Pacific. In response to this, IPv6 has to be adopted to cope with the growing use of internet particularly in Indonesia. However, there are several barriers that slow down the IPv6 implementation, such as the lack of collective commitment to migrate to IPv6 due to the lack of any binding regulation, the remaining IPv4 to support the existing activities, the absence of any major program that requires massive use of internet protocol, insufficient socialization of the advantages of IPv6 particularly for the decision makers, as well as other reasons, such as network instrument, human resources, socialization of other aspects, etc.

All panelists mentioned the urgency to adopt IPv6, while at the same time also iterated the importance of paying attention on several issues, such as the lack of implementation of the IPv6 by the industry, strengthening of regulation and policy for IPv6, human resources capacity enhancement to understand IPv6, as well as multi-stakeholder collaboration. If IPv6 is considered important to be implemented, there needs to be efforts to accelerate the development of its ecosystem (Content, Apps, Website), and it must be supported by all internet stakeholders.

The discussion identified a number of challenges encountered by Indonesian people in using the internet maximally to create positive social changes: gap in internet connection access and quality, reluctance of civil society organization to be more actively using the internet to support offline action, the fact that not all youths in Indonesia are digital natives with sufficient digital capacity, poor digital literacy among internet users, as well as the public growing concern on the possibility of being sued for defamation under the Electronic Information and Transaction (ITE) Law.

Changing Noise into Voice

SOCIO-CULTURE

INFRASTRUCTURE

The Decline of IPv4 and Low Adoption of IPv6

Panelists (in alphabetical order): Alves (Papua Itu Kita), Aulia Hadi (LIPI / Indonesian Institute of Sciences), Marsya Anggia (IndoRelawan.org), M. Azka Fahriza (IslamBergerak.com). Moderator: Farhanah (Kemudi.xyz). Rapporteur: Maulida Raviola (Kemudi.xyz).

Panelists (in alphabetical order): Basuki Suhardiman (ITB / Bandung Institute of Technology), Benyamin Naibaho (APJII / Indonesia ISPs Association), Benyamin Sura (Kemkominfo / MCIT), Christian G. Gustiana (Telkomsel). Moderator: Teddy Mantoro (Sampoerna University). Rapporteur: Rizki Ameliah (Kemkominfo / MCIT).

Session #2

Session #2

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November 2016 - Dialogue Summary6

Discussion highlighted the importance of an internet governace that can guarantee the information sovereignty of a country as well as one that recognizes the state’s role in protecting its national interest. It emphasizes on the principle of respecting the state sovereignty in governing ICT use in its territory in accordance with its prevailing national law.

The state’s sovereignty and authority are still recognized and needed in internet governance. With regard to this, efforts to strengthen legal aspects and regulations pertaining to internet governance are needed to protect the citizens in cyberspace,

especially ones pertaining to the protection of private data and OTT. It is also noted that legal actions conducted in the cyberspace are subject to the prevailing offline laws. In fact, it is in line with Indonesia’s position that recognizes that any rights governed offline shall be also recognized online.

As a way forward, the MOFA is expected to conduct the necessary coordination to strengthen the diplomacy concerning internet governance at global level which currently comprises various issues which are being discussed in various international forums.

What’s Behind Free Service?

Towards Indonesia’s Cyber Sovereignty and Resilience

LEGAL ECONOMIC

Currently, there are numerous free applications provided by Over the Top (OTT) service providers from both domestic level and overseas. The sustainability of this service depends on its users’ data. All information submitted by the application users are utilized by the service providers in accordance with the terms and conditions that have been approved by the users.

This phenomenon has brought challenges to the Indonesian government, business and community. Indonesian people need to enhance their understanding on the consequences of the “terms and conditions” offered by OTT provider to their private data when they agree on using an application. In another word, Indonesian people need to understand the importance of privacy and protection of private data on the internet. OTT provider also needs to realize that their commitment in protecting their users’ private data truly affects their application and business credibility and reputation.

The Indonesian government also needs to develop regulations that can foster industry to protect its consumers’ private data. Furthermore, it also needs to take into account the national economic aspects, such as the governance of competition between local and global OTT providers. In addition to regulation making, the government also needs to ensure that global OTT providers comply with the ‘game rules’ in Indonesia.

Panelists (in alphabetical order): Arko Hananto Budiadi (Kemenlu / MOFA), Bambang Heru Tjahjono (ICT Consultant), Edmon Makarim (UI / University of Indonesia), Sigit Puspito W. Jarot (MASTEL / Indonesia Infocomm Society). Moderator: Sardjoeni Moedjiono (Member of UN IGF MAG). Rapporteur: Sindy Nur Fitri (Kemenlu / MOFA)

Panelists (in alphabetical order): Enda Nasution (Sebangsa.com), Imam Nashiruddin (BRTI / Indonesia Telecommunication Regulatory Authority), Meutya Hafid (DPR – RI / Indonesian National Parliament), Sri Saraswati (BPPT/ Agency for the Assessment and Application of Technology). Moderator: Andaru Pramudito (matinyala.com). Rapporteur: Resa Temaputra (Kemudi.xyz).

Session #3 Session #3

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November 2016 - Dialogue Summary 7

The Network Neutrality refers to a non-discriminatory network, which is materialized by treating all contents or applications equally and allowing the network to support every type of content or application. The panelists argued that network neutrality is still hard to realize, since the holders of network provider license are also the holders of service provider license. Network neutrality is inseparable from business interest, which means the

stronger would take more benefits. Neutrality in interconnection still cannot be materialized because the current interconnection system is still best effort-based. On the other hand, the network strenghts between operators are not the same either.

There is an unfair competition going on because the holders of the network provider license are also the holders of service provider,

which often come under one business group. The government is therefore being pushed to play more roles as a regulator to govern/maintain the competition fairness (healthy business competition). The interconnection is often constrained by unequal network strengths between operators which lead to high cost.

The panelists raised the issue of the potential threat of internet crime which could happen to children online. The new behaviors of the people in the cyberspace also transfer some problems from the real world into the cyberspace, with children becoming the vulnerable party. A number of cases are found on the cyberspace, ranging from bullying, sexual violence, pornography, prostitution, exploitation, terrorism, hatred, gambling, fraud, until drugs.

Negative content filtering on the internet would help in preventing children from being exposed to negative internet content.

Digital literacy becomes an even more important skill to prevent such risks, not only for children, but also for the entire family, particularly the parents. Nowadays, it is even more important for parents to master digital literacy, and to achieve this, capacity building in digital literacy is required for the

family. Even at school, since ICT is not a part of the curriculum, there needs to be extra-curricular activities that can foster digital literacy not only for the students, but also for teachers. In addition, there needs to be collaboration between various stakeholders, as well as a roadmap for child protection on the internet in order to synergize the efforts of different stakeholders.

Network Neutrality: Non-Discriminatory Interconnection vs Inter-Operator Competition

INFRASTRUCTURE

Digital Literacy: Child Protection Pillar on the Internet

SOCIO-CULTURAL

Panelists (in alphabetical order): Afra Suci (Pamflet.or.id), Ayu (Kemkominfo / MCIT), Lukman Adjam (APJATEL / Telecommunication Network Organizer Association). Moderator: Andi Budimansyah (PANDI / Indonesian Domain Name Registry). Rapporteur: Much Rif’an (APJII / Indonesia ISPs Association).

Panelists (in alphabetical order): Andi Ardian (ID-COP / Indonesia Child Online Protection), Maria Advianti (KPAI / National Commission for Child Protection), M. Yamien (Nawala), Sukiman (Kemendikbud / Ministry of Education & Culture). Moderator: Indriyatno Banyumurti (RTIK / Indonesian ICT Volunteers). Rapporteur: Sherly Haristya (NTU / Nanyang Technological University)

Session #1

Session #3

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November 2016 - Dialogue Summary8

LEGAL

A comprehensive law on personal data protection (PDP) is crucial for Indonesia due to several reasons. First, because the privacy and protection of citizen, in this regard the private data, is the responsibility of the state and a citizen’s right. Creating a law that specifically governs PDP will secure a maximum protection for every citizen.

Second, because the regulation can support Indonesia’s sovereignty and resilience in digital era. The absence of any PDP regulation would hinder cross-border business, and would

in turn affect the nation’s industrial growth. This is because Indonesia would be perceived as failing to secure an equal protection for cross-border data transfer.

By looking into both points in the above, it can be concluded that a weak PDP might harm not only individual, but also the community and the state. Therefore, education on awareness on the importance of privacy and PDP for government, business and general public is urgent to be developed in the near future.

Pushing Forward the Awareness on Privacy and Personal Data Protection

Plenary(from page 1)

PARTICIPANTS CATEGORY

STATISTICS OF THE ID-IGF 2016 PARTICIPANTS

Panelists (in alphabetical order): Donny B.U (ICT Watch), Irine Y. Roba (DPR – RI / Indonesian National Parliament), Rosarita Niken Widiastuti (Kemkominfo / MCIT), Sinta Dewi Rosadi (UNPAD / Padjadjaran University). Moderator: Indriyatno Banyumurti (RTIK / Indonesian ICT Volunteers). Rapporteur: Sherly Haristya (NTU / Nanyang Technological University)

Male 280

Female151

Government:176 (41%)

Civil Society Organisation:75 (17%)

Academics: 24 (6%)Journalist/Media: 10 (2%)Teacher/Lecturer:

15 (3%)IT Expert: 12 (3%)

Technical Community:15 (4%)

Private Sector:69 (16%)

Student:35 (8%)

Session #1

TOTAL 431 Participants

challenges from the internet could not be solved only through regulation. Even more important than regulation were the concern and participation of the various stakeholders in internet governance, which would implement it in the community.

According to Arko Hananto Budiadi, the Coordinator of ID-IGF Multistakeholder Advisory Group (MAG), the multi stakeholder collaboration was the basis of Internet Governance Forum (IGF) implementation at global level, which reflected the implementation of the spirit and agreement of the World Summit on the Information Society (WSIS). Arko, who currently also serves as the Director of Social-Culture and International Organization of Developing Countries, Ministry of Foreign Affairs (MOFA), said that in December 2015, the United Nations (UN) already extended IGF’s mandate for the next 10 years. In his welcome remark, he expressed his hope that both global and national IGF dialogues could produce inputs to help achieving independent, sovereign, professional, transparent and accountable internet governance in Indonesia through a collaborative and inclusive dialogue.

Furthermore, the dynamics and challenges of internet governance and IGF as a forum was discussed in the plenary session, under the theme of “Internet Governance 101” with panelists Garin Ganis (ISOC - ID / Internet Society - Indonesia), Joyce Chen (ICANN / Internet Corporation for Assigned Names and Numbers - Asia Pacific), and Shita Laksmi (HIVOS / Member of UN IGF MAG), and moderated by Ashwin Sasongko Sastrosubroto (LIPI / Indonesian Institute of Sciences). In general, each panelist shared their ideas on the internet ecosystem and the important for Indonesia to be involved in global dialogue and cooperation.