The Ministry of Communication and Informatics of the Republic of Indonesia issued the recent regulation on Telecommunication Equipment And Apparatus Certification by Regulation of the Minister of Communication and Informatics Number 18 of 2014 (“MCI
Regulation No. 18/2014”).
By the issuance of MCI Regulation No. 18/2014 which is effective on 25 June 2014, the Regulation of the Minister of Communication and Informatics Number 29/PER/M.KOMINFO/09/2008 (“MCI
Regulation No. 29/2008”) concerning Telecommunication Equipment and Apparatus Certification shall be revoked and declared nullified.
Based on the MCI Regulation No. 18/2014, terms of telecommunication shall mean any emission, transmitting, and/or acceptance of any information in form of signs, signals written, picture, voice, and sound through wire, optical, radio or other kind of electromagnetic system. Telecommunication equipment shall mean any instrument tool used in telecommunicating. Telecommunication apparatus shall mean compilation of telecommunication tools to enable a telecommunicating process.
Article 32 paragraph (1) Law Number 36 of 1999 concerning Telecommunication jo. MCI Regulation No. 18/2014 stating that each telecommunication equipment and apparatus which is made, assembled, imported for commercial purpose and being used in Indonesia territory shall comply with the technical requirements and based on the permit in accordance with provision of prevailing laws. The fulfillment on the technical requirement of telecommunication equipment and apparatus as stated hereof is conducted through: (i) telecommunication equipment and apparatus certification, and/or (ii) Post Market Surveillance.
The application for certification telecommunication equipment and apparatus shall be submitted to Certification Institute by:
- Manufacturer or its representative, that is the producer that is responsible with the manufacturing of such goods;
- Distributor, shall mean a corporation appointed by the manufacturer;
- Importer, shall mean a holder of Specific Importer Identification Number (Nomor Pengenal Impor Khusus = NPIK) a company which business activities include the telecommunication field;
- Corporation which business activities are in telecommunication equipment and apparatus assembling;
- Legal entity that is using the telecommunication equipment and apparatus for personal purposes;
- Government Agency/State Administrator; or
- Foreign State Representative.
Telecommunication equipment and apparatus certification is performed by the following process:
- Test; and/or
- Document evaluation.
The issuance process for Certificate Telecommunication Equipment and Apparatus through test procedure is approximately 30 (thirty) working days after the requirements complied by the applicant and completely received. Meanwhile, the issuance process for Certificate Telecommunication Equipment and Apparatus through documents evaluation procedure is approximately 10 (ten) working days after the requirements complied by the applicant and completely received.
The application letter for certification shall be signed on the stamp and shall be enclosed with following documents:
- Statement letter declaring that:
- Willing to be inspected and/or collecting of sample;
- Guarantee that the specification of technical and quality of telecommunication equipment and apparatus is in conformity with the specification of technical and quality of telecommunication equipment and apparatus which have been certified through a test, in the event document evaluation;
- Form of certificate application;
- Pact of integrity;
- Copy of company deed of establishment and its amendment if any;
- Copy of Taxpayer Registration Number (NPWP);
- Copy of Company Registration Certificate (TDP), except for the Government Agency/State Administrator;
- Copy of Company Business License (SIUP) except for the Government Agency/State Administrator and Foreign State Representative;
- Copy documents of specification of technical and operational of the telecommunication equipment and apparatus;
- Agreement letter with the Indonesian telecommunication operator, especially for apparatus of:
- Signal repeater/booster cellular mobile communication system;
- Satellite communication system (modern satellite and satellite phone);
- Letter of appointment from the trademark holder to the applicant who submit document evaluation for telecommunication equipment and apparatus that has been certified;
- Especially for cellular phone, handheld and tablet computer shall be enclosed with the copy of the official statement letter from authorized institution containing the list of International Mobile Equipment Identity (IMEI) for GSM, and Mobile Equipment Identifier (MEID) for CDMA or the like.
The application for certificate replacement, changing of certificate or extension of certificate is sufficient to submit with the application form and enclosing pact of integrity, original certificate and stamped statement letter declaring that alteration in telecommunication equipment and apparatus technical specification.
In the event the application for telecommunication equipment and apparatus does not meet the technical requirements, the Certification Institute shall deliver refusal to the applicant accompanied by the reason of the refusal. The certificate of telecommunication equipment and apparatus that has been issued is valid for 3 (three) years and can be extended for 1 (one) extension.
Warisman Jaya Daeli
Junior Associate – [email protected]