Telecommunication network operation is the activity of providing and/or expanding telecommunication networks to enable telecommunications to function; In carrying out the administration of telecommunications referred to in Article 4, the Government includes the participation of the public. The first general part Article 7 (1) Telecommunication operation includes: operation of telecommunication networks; operation of telecommunication services; operation of special telecommunications.
Requests for numbering from telecommunications network operators and/or telecommunications service operators are granted on the basis of the numbering system mentioned in Article 23. The amount of the tariff for the operation of telecommunications networks and/or telecommunications services is determined by the telecommunications network operator and/or telecommunications service operator based on a formula determined by the government. In the event that the telecommunications network operator and/or the telecommunications service operator is not yet able to provide access in certain areas, the special telecommunications operator mentioned in Article 9, paragraph 3, letter a, operate telecommunications networks and/or telecommunications services. 1, letters a and b, mentioned in section 7, subsection 1, letter b after obtaining permission from the minister.
In the event that the telecommunication network operator and/or the telecommunication service provider can already provide access in the areas referred to in the first paragraph, the relevant special telecommunication operator may still provide telecommunication network operation and/or telecommunication services. In the event that the provider of special telecommunication for the benefit of state defense and state security, as referred to in Article 9, paragraph 3, under b, is not yet able to support its activities, the provider of the special telecommunication in question may use the telecommunication network that is owned and/or used by other telecommunications operators. The provision of recorded information by the provider of telecommunications services to the user of telecommunications services referred to in Article 41 and for the purposes of criminal prosecution referred to in Article 42(2) does not constitute an offense under Article 40.
INVESTIGATION
CRIMINAL PROVISIONS
Anyone who violates the provisions referred to in Article 22 shall be punished with imprisonment for a maximum of six (6) years and/or a fine of a maximum of Rp six hundred million Rupiahs. A special telecommunications operator who violates the provisions referred to in Article 29 paragraph (1) or Article 29 paragraph (2) shall be penalized with imprisonment of a maximum of four (4) years and/or a fine of a maximum of Rp four hundred million Rupiahs become ). Anyone who trades, manufactures, assembles, imports or uses telecommunications equipment within the territory of the Republic of Indonesia that is not in accordance with the technical condition referred to in article 32 paragraph (1) shall be imprisoned for a maximum of one ( 1 ) year and/or a fine of a maximum of Rp one hundred million Rupiahs).
Whoever violates the provisions mentioned in Article 35 paragraph (2) or Article 36 paragraph (2) will be penalized with imprisonment of a maximum of two (2) years and/or a fine of a maximum of Rp two hundred million Rupiah ). Anyone who violates the provisions referred to in Article 38 shall be penalized with imprisonment of a maximum of six (6) years and/or a fine of a maximum of Rp six hundred million Rupiah. Anyone who violates the provisions referred to in Article 40 will be punished with imprisonment of a maximum of 15 (fifteen) years.
A telecommunications service operator who violates the provisions referred to in Article 42 paragraph (1) shall be penalized with imprisonment of a maximum of two (2) years and/or a fine of a maximum of Rp two hundred million rupiah. Telecommunications devices and equipment used in the criminal offenses referred to in Article 47, Article 48, Article 52 or Article 56 shall be confiscated for the state and/or destroyed in accordance with prevailing statutory regulations. Upon the entry into force of this law, the telecommunications operator referred to in Law no.
3 of 1989 on telecommunications may still carry out its activity, provided that it is obliged to adapt to this law within one (1) year at the latest from the date on which this law entered into force. 3 of 1989 on Telecommunications (Act of 1989 No. 11, Supplement to the Code No. 3391) continue to apply to the extent that they do not conflict with new regulations under this Act and/or have not yet been superseded.
CLOSING PROVISIONS
Since September 7, 1994, the operation of national telecommunications has become an inseparable part of the global trading system. The increase in the role of the public in the operation of telecommunications does not alter the basic principle enshrined in Article 33(3) of the 1945 Constitution, i.e. that, within the framework of effective guidance, the government may coordinate with related agencies and telecommunication operators and may be involved. the participation of the public.
In accordance with the provisions of the International Telecommunication Convention, what is meant by the telecommunications administration is the state represented by the government of the country concerned. The operation of special telecommunications for the needs of state authorities is understood to mean the operation of telecommunications in support of the performance of certain authorities' general tasks, e.g. departmental communication or regional government communication. The operation of special telecommunications for the use of special official bodies means the operation of telecommunications in support of the activities of the relevant official body, including navigation, aviation or meteorological activities.
Licenses for the operation of telecommunications are intended as an effort by the Government to guide and facilitate the growth of healthy telecommunications operations. Compensation of the telecommunications operator will be given to the user or public who has been damaged due to the negligence or error of the telecommunications operator. The recording of the use of telecommunication services is the obligation of the operator, the implementation of which will be carried out in phases and will only apply to long distance direct dialing service (SLDJ) and international direct dialing (SLI), to the extent requested. by the telecommunications service user.
The fee for the right to operate telecommunications is an obligation that is charged to the operator of the network and/or operator of telecommunications services as compensation for the license obtained for the operation of the network and/or telecommunications service, the amount of which will be determined in based on a percentage of income and will constitute non-tax state income (PNBP) paid to the State Treasury. The formula mentioned in this provision is a calculation guide to determine the fee amount. The technical requirements in question are more directed to the function of the telecommunications equipment/equipment in terms of.
Therefore, the use of frequency is necessary so that information can be properly transmitted or properly distributed without interference. The fee for the right to use the radio frequency spectrum is compensation for the use of the frequency after obtaining the permission. In addition, compensation for the use of the frequency is also intended as a means of monitoring and control so that the radio frequency, as a limited natural resource, can be used to the best advantage.
The amount of the costs for using the frequency is determined on the basis of the type and width of the frequency band. The type of frequency will affect the quality of operation, while the width of the frequency band will affect the capacity/amount of information that can be transferred/transmitted. Telecommunication security activities are carried out by a telecommunication operator from construction planning to the end of the operating period.
The imposition of administrative sanctions in this provision is intended as an effort by the government in the context of the supervision and control of telecommunications activities.
