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.

How jurisdictions differ

What is distinctive in each definition, binding law in force first. Showing 2 of the 3 instruments that define this term; all are listed under Definitions below.

Jurisdiction	Instrument	Status	What is distinctive
Indonesia	Government Regulation No.71/2019 on Electronic Systems and Transactions	In Force	Distinguishes PSEs into public scope (government and public service providers) versus private scope (commercial/private providers) with differing operational and compliance obligations.
Indonesia	Concept Draft of Ethical Guidelines for AI	Draft	Expands to entities developing, operating, or providing electronic systems or services accessible to Indonesian users, subjecting them to AI governance, reporting, and compliance measures.

What it triggers

Under Government Regulation No.71/2019, PSEs must comply with obligations for operating electronic systems, including personal data protection and system reliability.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.

Peraturan Pemerintah Republik Indonesia Nomor 71 Tahun 2019 tentang Penyelenggaraan Sistem dan Transaksi Elektronik (Government Regulation No.71/2019 on Electronic Systems and Transactions)Definition 1 of 3

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.

Surat Edaran Menteri Komunikasi dan Informatika Nomor 9 Tahun 2023 tentang Etika Kecerdasan Artifisial (Ministerial Circular No.9/2023 on AI Ethics)Definition 2 of 3

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.

Konsep Pedoman Etika Kecerdasan Artifisial (Concept Draft of Ethical Guidelines for AI)Definition 3 of 3

Not to be confused with

Penyelenggara Sertifikasi Elektronik (Electronic Certification Service Provider)

Penyelenggara Sertifikasi Elektronik refers specifically to entities providing certificate-based electronic trust services, while PSE covers broader operation of any electronic systems.

provider of a regulated service

Provider of a regulated service applies to operators of specific regulated services, whereas PSE encompasses any electronic system operators.

Service Provider

Service provider is a general term for entities providing digital, networked, or platform services, but PSE specifically denotes operators of electronic systems under Indonesian law.

Questions and answers

What obligations do PSEs have under Government Regulation No.71/2019?

PSEs must operate electronic systems in compliance with obligations on system reliability and personal data protection. Public scope PSEs (government and public service providers) face different requirements from private scope PSEs (commercial/private providers).

Who qualifies as a PSE in Indonesian regulations?

Any person, state actor, business entity, or community operating an electronic system for its own purposes or on behalf of others qualifies as a PSE.