Governance

Penyelenggara Sistem Elektronik (PSE)

Entity operating an electronic system for itself or others.

How the laws define this

All three instruments agree that Penyelenggara Sistem Elektronik (PSE) encompasses any person, state actor, business entity, or community actor that operates, manages, provides, or develops electronic systems or services. They diverge primarily in how they categorize these operators and the specific duties they attach to them. Peraturan Pemerintah Republik Indonesia Nomor 71 Tahun 2019 tentang Penyelenggaraan Sistem dan Transaksi Elektronik separates PSEs into public scope for government entities and private scope for commercial providers, imposing different operational compliance obligations on each. Conversely, Surat Edaran Menteri Komunikasi dan Informatika Nomor 9 Tahun 2023 tentang Etika Kecerdasan Artifisial uses Kominfo's core definition to outline general ethical expectations and statutory obligations. Taking a different focus, the Konsep Pedoman Etika Kecerdasan Artifisial applies specifically to systems accessible to Indonesian users, binding PSEs directly to required AI governance, reporting, and compliance measures.

Synthesised from the 3 statutory definitions below. Each one is quoted in full, with its source.

Definitions (3)

Any person, state actor, business entity, or community that operates an electronic system for its own purposes or on behalf of others; the regulation further distinguishes PSEs in the public scope (government and public service providers) from private-scope PSEs (commercial/private providers) with differing operational and compliance obligations.

PSE denotes persons, state actors, business entities, or community actors who provide, manage, or operate electronic systems; the SE adopts Kominfo's definition to identify which operators are subject to its expectations and to related statutory obligations.

An entity that develops, operates, or provides electronic systems or services accessible to Indonesian users and which is subject to obligations under electronic systems law and the draft guidelines; responsible for implementing required AI governance, reporting, and compliance measures.