Mobile Payment Successes and Challenges of the Industry and the Consumer’s Perspective
1. INDONESIA TELECOMMUNICATION
REGULATORY SYSTEM: STANDARDS AND
CONFORMITY ASSESSMENT
Mochamad Hadiyana
Deputy Director for QoS and Standard
Harmonization
Ministry of Communication & Information Technology of the
Republic of Indonesia
Presented @ APECTEL 47 MRA TF Meeting, Bali, Indonesia
22-23 April 2013
2. LAWS, LEGISLATIONS AND TECHNICAL
REGULATIONS
Telecommunication Act (Law Number 36 Year
1999)
Government Regulation Number 52 Year 2000
concerning Telecommunications Provision
Ministerial regulations (including Technical
Regulations)
3. REQUIREMENT TO MEET TECHNICAL
REGULATIONS AND LICENSE
Any
telecommunications equipment
traded, made, assembled, entered and/or
used in Indonesia territory required to comply
with technical regulation and based on license
in line with prevailing laws and legislation –
Article 32 clause 1 of Telecommunication Act
4. OBJECTIVES OF TECHNICAL REGULATION
Based on Article 72 of Government Regulation
Number 52 Year 2000, the objective of technical
regulation:
To
ensure telecommunication network
interoperability
To avoid interference among telecommunication
equipment
To ensure public safety
To support national telecommunication
industry, innovation and engineering
5. ESTABLISHMENT OF TECHNICAL
REGULATION
Minister endorses technical regulations taking into
consideration all inputs from technical committee
consisting of stakeholders
(industry, telecommunication
providers, society, research institution, consumer
organization and universities)
Technical regulation is formulated based on:
a.
b.
c.
Adoption from international or regional standards;
Adaptation from international or regional standards;
or
Standards developed by national telecommunication
industry (Indonesia National Standard)
6. INDONESIA NATIONAL STANDARD (SNI)
DEVELOPMENT PROCESS
Note:
* : TC consist of Ministry of Communication and Information Technology
** : Enquiry is not needed if the standard adopted identically from international standard
7. CONFORMITY ASSESSMENT REGIME
Minister issues certificate of compliance for
telecommunication equipment type fulfilling technical
regulation based on test result. Testing of equipment
conducted by test house designated by Minister and
accredited by accreditation body. (Article 74 Clause 1 of
Government Regulation Number 52 Year 2000)
Through Ministerial Regulation Number 29 Year 2008
concerning Certification Procedure, Minister delegate the
issuance of certificate to the Director of Standardization
(currently under Directorate General of Posts and Informatics
Resources and Equipment – DG SDPPI)
Through Ministerial Regulation Number 15 Year 2012
concerning Test House Designation Procedure, Minister
delegate the designation of test house to Director General of
SDPPI
9. CERTIFICATION LABEL
Certification labels are required for every single
equipment marketed in Indonesia.
Manufacturer is responsible to produce the label and
affixed it into the equipment.
Label must prominently display two components of
information: number of certificate and PLG.ID number
(application identity number) which can be obtained
from the certificate.
Size of label is depending on the size of the equipment
and it shall be visible by bare eyes.
In any case that the equipment is not possible to affix the
label, the appearance of label in manual book and product
packaging is allowable.
Markings and lettering can be of any size or color.
10. Schematic diagram for Designation of Local
Testing Laboratory
Testing lab submits application form to
DA (DG SDPPI), enclosing:
1.
Proof of testing lab’s legal status in INS
2.
Certificate of accreditation
3.
Organization structure & staff chart
4.
Laboratory layout
5.
Statement of testing facilities & methods
6.
Copies of test report
7.
Quality Manual
8.
Checklist on technical competence
9.
Fee of Rp. 10 million
DG SDPPI informs testing lab of
discrepancies (if any)
DG SDPPI evaluates testing labs against
the designation scheme and MRA criteria
DG SDPPI conducts site visit and
assessment against relevant checklist
DG SDPPI reviews assessment
reports of testing lab
DG SDPPI enters information into
register of recognized testing lab
DG SDPPI issues Designation
Certificate to testing lab
DG SDPPI posts testing lab
information on the DGPT web site
DG SDPPI submit recognition
request to DA (MRA Partner)
11. MUTUAL RECOGNITION
Minister may conduct mutual recognition of
conformity assessment of telecommunication
equipment with other countries (Article 75 Clause 1
of Government Regulation Number 52 Year 2000).
Mutual recognition as stated in Clause 1 shall be in
accordance with prevailing regime (Article 75
Clause 2 of Government Regulation Number 52
Year 2000).
Through Ministerial Regulation Number 16 Year
2012 concerning Foreign Test House Recognition
Procedure, Minister delegate the recognition of
foreign test house to Director General of SDPPI
12. Schematidc Diagram for Recognition of
Foreign Testing Lab
DA (MRA Partner) submits recognition
request to DA (DG SDPPI, enclosing:
1.
Certificate of Designation
2.
Certificate of Accreditation
3.
Copy of contractual arrangement
4.
Checklist on technical competence
DG SDPPI evaluates testing lab against
Recognition Scheme and MRA Criteria
DG SDPPI issues Certificate of
Recognition to DA (MRA Partner)
DG SDPPI enters information into
register of Recognised Testing Lab
DG SDPPI posts Testing Lab
information on DG SDPPI web site
DG SDPPI informs DA (MRA Partner)
of discrepancies (if any)
13. POST MARKET SURVEILLANCE
One of the responsibilities of a Directorate of Standardization of
DG SDPPI is to conduct appropriate market surveillance
activities (targeting and auditing) in accordance with ISO/IEC
Guide 65 (currently ISO 17065), concerning General
Requirements for Bodies Operating Product Certification
Systems
The Directorate of Standardization of DG SDPPI will also
investigate incidents, complaints or other information received
regarding noncompliance such as suspected radio frequency
interfering equipment, uncertified radio equipment or IMEI
cloning.
Post market surveillance conducted based on Ministerial
Regulation Number 08 Year 2012 concerning Procedure for Post
Market Surveillance Implementation
Objectives: to promote continued compliance of telecommunications
equipment deployed in Indonesia marketplace with applicable MCIT
technical regulations, in order to prevent radio communication from
interference and harm to the public telecom networks, and to ensure the
safety of personnel working on telecommunications facilities and the
safety of users.
14. POST MARKET SURVEILLANCE PROCEDURE
(1)
Market surveillance is performed through the regular audit of a sample of regulated equipment but can
also be incident-driven such as complaints from the public, manufacturers, distributors, service
providers, other government departments or agencies.
When one or more devices are first found or reported to the DG SDPPI as being non-compliant with
applicable regulatory requirements, such devices are considered to have been identified to be noncompliant. When a suspected non-compliant device is first identified, the DG SDPPI will work
directly with the responsible parties to review the existence, scope and extent of suspected noncompliance of the identified equipment and to resolve such matters as early as possible to minimize
any potential harm and/or damage that may result from such non-compliance. The responsible parties
may include one or more of the following: the certificate holder, manufacturer, testing
laboratory, certification body, vendor, supplier, distributor, and importer.
The DG SDPPI will investigate cases of suspected non-compliant devices to assess compliance or
non-compliance. The assessment of compliance or non-compliance is conducted by the DG
SDPPI, following its investigation, of whether equipment meets the applicable regulatory requirements.
Should the DG SDPPI investigation find the equipment to be compliant, the responsible parties will be
notified and no further action will be required.
Should the DG SDPPI investigation find the equipment to be non-compliant, it will make a
determination that the regulated equipment is not in compliance with an applicable technical
regulation and/or marking.
15. POST MARKET SURVEILLANCE PROCEDURE
(2)
Indonesia is planning to implement post market surveillance in
2013
Three component of market surveillance
Targeting
Auditing
- Physical Audit
- Desk Audit
Assessment
of
Compliance
Sequence flow from non-compliance identification to determination
Suspected NonCompliant
Device first
IDENTIFIED by:
- Directorate of
Standardization
as a CB
- Other Parties
ASSESSMENT
of
Compliance
Compliant
No Further
Action
Required
NonCompliant
Equipment
Non-Compliance
DETERMINED by
Directorate of
Standardization
and appropriate
action taken
In line with economic globalization and the WTO’s “Standard Code” on Technical Barriers to Trade (TBT), the role of standards and conformity assessment has become very crucial. For those reasons the Government of Indonesia has accommodated standardization and conformity assessment policy and regulations in its laws and other regulations. For telecommunication sector, there are, among others, Telecommunication Act (Law Number 36 Year 1999 concerning Telecommunications), Government Regulation Number 52 Year 2000 concerning Telecommunications Provision, and many ministerial regulations related to standardization and conformity assessment.
Referring to Telecommunication Law, Article 32 stipulates that equipment traded, made, assembled, entered and/or used in Indonesia territory required to comply with technical regulation and based on license in line with prevailing laws and legislation . Thus, under the law, certificate of approval is required for every telecommunication equipment entering Indonesia territory. License here means license to affix certification label on telecommunication equipment.
Technical regulations, according to Article 72 of Government Regulation Number 52 Year 2000, are intended to ensure telecommunication network interoperability, avoid interference among telecommunication equipment, ensure public safety, and to support national telecommunication industry, innovation and engineering.
Concerning the establishment of technical regulations, according to Article 74 of Government Regulation Number 52 Year 2000, Minister endorses technical regulations taking into consideration all inputs from technical committee consisting of all stakeholders. The stake holders include industry, telecommunication providers, society, research institution, consumer organization and universities. The article also stipulates that technical regulation is formulated based on: adoption from international or regional standards; adaptation from international or regional standards; or standards developed by national telecommunication industry (Indonesia National Standard)
I would like to let you know shortly about Indonesian National Standard (SNI) development by national telecommunication industry in National Standardization Body (BSN). The process of SNI development covers planning, drafting, enquiry and approval.For Planning SNIs, technical committees (TCs) from technical ministries (includingMinistry ofInformation and Communications Technology) or Standardization Society (Mastan) submit SNIs programproposal to BSN. BSN will verify the priority taking into consideration inputs from stakeholders (including regional/ international committee) and analysis market need.BSN will check the relevancy of the program to avoid duplication of works. BSN will decide whether TCs and Mastan may continue SNI development processes. If necessary there will be further coordination between BSN and related TCs if there is anything to be clarified.SNI Program Planning will be notified to ISO secretariat.For Drafting an SNI, it will be done by TC or sub-technical committee (STC). For information, TC may establish STC consisting of experts. In the process of SNI development, a TC also has to have an editor team.Based on the SNI Program/proposal, BSN will coordinate with TC/STC secretariat to assign Quality Control (QC) officers, prepare necessary references and give authorities to expert as QC officer. QC officer will make reports to BSN about the SNI development process and the discussion happening during meetings, such as representatives of stakeholders or how the discussion going on. BSN will verify, coordinate and give corrective actions.SNIs are developed through consensus processes/meetings. And, draft SNIs produced should be informed to BSN by TC for next stages (enquiry and e-ballot)BSN will keep the records of the consensus in SNI database (SISNI). The records will be required to conduct e-ballots.For Enquiry of a draft SNI, the draft SNI is sent to SISNI for Mastan comments for 8 weeks. All comments are considered in detail and, if necessary, correction is made by TC or STC.For Approval of an SNI,TC and MASTAN then will vote a final draft SNI to demonstrate substantial agreement. Approval/ adoption is conducted by chairman of BSN on behalf of TC and Mastan and then an SNI is ready for publication.
According to Article 74 Clause 1 of Government Regulation Number 52 Year 2000,Minister issues certificate of compliance for telecommunication equipment type fulfilling technical regulation based on test result. Testing of equipment conducted by test house designated by Minister and accredited by accreditation body. But, through Ministerial Regulation Number 29 Year 2008 concerning Certification Procedure, Minister hasdelegated the issuance of certificate to the Director of Standardization (currently under Directorate General of Posts and Informatics Resources and Equipment – DG SDPPI).And, concerning the designation of test house, through Ministerial Regulation Number 15 Year 2012 concerning Test House Designation Procedure, Minister has delegated DG SDPPI to do it.
I want to show the flowchart of certification according to Ministerial Regulation Number 29 Year 2008.The certification consist of 4 phases, they are application, testing, evaluation of test result, and issuance of certificate.A certificate is granted at the system (host) level and the certificate is valid for each type or model number of equipment. Two types of certificate available, Certificate A is an approval certificate intended for manufacturer, and Certificate B is an approval certificate intended for local representative/distributor/importer of such equipment.Concerning applicant, manufacturer or any party (agents, consultants, laboratories, etc.) appointed by the manufacturer are acceptable to proceed for Indonesia’s certification, by showing manufacturer’s authorization letter attached in the application forms submitted to the Directorate of Standardization of DG SDPPI.Concerning testing, in-country testing is required prior to certificate issuance by Director of Standardization. RF/Telecom test is mandatory while EMC, electrical safety, and health standards are still considered voluntary for most of telecommunication equipment. The test will require 2 (two) samples of equipment and it will be conducted by local laboratories which have been designated by DG SDPPI.
Any product which has been certified must be labeled. Certification labels are required for every single equipment marketed in Indonesia. Manufacturer is responsible to produce the label and affixed it into the equipment. Label must prominently display two components of information: number of certificate and PLG.ID number (applicant identity number) which can be obtained from the certificate. Size of label is depending on the size of the equipment and it shall be visible by bare eyes. In any case that the equipment is not possible to affix the label, the appearance of label in manual book and product packaging is allowable. Markings and lettering can be of any size or color.
MCIT also allows foreign testing laboratories recognized by MCIT through Mutual Recognition Agreements/Arrangements (MRAs) to test MCIT regulated equipment on behalf of the ministry. Mutual recognition shall be in accordance with prevailing regime.Through Ministerial Regulation Number 16 Year 2012 concerning Foreign Test House Recognition Procedure, Minister delegates the recognition of foreign test houses to Director General of SDPPI.
To be eligible for recognition as a DG SDPPI recognized test laboratory, the organization must: be an entity legally identifiable and located in an MRA partner country; be accredited in accordance with ISO/IEC 17025 for testing laboratories in the relevant area of telecommunications, EMC or electrical safety by an Accreditation Body appointed by the MRA partner (the accreditation shall be relevant to the equipment types and technical regulations for which recognition is sought) have the capability and technical competence in performing the tests against the technical regulations concerned; and have expert knowledge of all the applicable technical regulations and administrative requirements relevant to the conformity assessment of the equipment. The request for recognition of certification body shall include a covering letter; Notification of Designation; Certificate of Accreditation, indicating the scope of accreditation and information that the testing laboratory has been accredited to ISO/IEC 17025 and to the technical regulations, standards or specifications for which certification body has been designated by the Designating Authority of the MRA partner; copies of contractual arrangements made by the certification body with other testing laboratories (if any); and Checklist to show that the testing laboratory meets the recognition requirements.Upon receipt of a Designation from a Designating Authority of an MRA partner, DG SDPPI will evaluate the information provided by the Designating Authority under the terms and conditions of the MRA.DG SDPPI will normally recognize a testing laboratory that has been accredited by an Accreditation Body appointed by the MRA partner. If there is a question about a testing laboratory, DG SDPPI will seek clarification with the Designating Authority of the MRA partner, Accreditation Body and the testing laboratory. Upon completion of evaluation, DG SDPPI will issue a Notification of Recognition to the Designating Authority of the MRA partner, stating the scope for which recognition is given.List of recognised CABs will be updated and available from the DG SDPPI website