Telecommunication, by nature is always changing, never-ending and able to change the world’s face harmonization, altering human living and. Behaviors. Nowadays, telecommunications has becoming the necessities of life that equal to human rights. Indonesia telecommunications entered new history epoch seven years ago. With the Law No. 36/1999 regarding Telecommunications, this sector has released its monopoly privilege officially to make a fast transition to competition era.
New competitors invited to becoming network and service operator for this sector. Many were relieved on welcoming that Law of Telecommunications. Furthermore, the Law number 5 year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition adopted at the same year. Competition in telecommunications wasn’t running smoothly. The 1997 Agreement on Basic Telecommunications, WTO – World Trade Organization emphasized countries need to create an independent regulatory authority. Hence, many requested for an independent regulatory body. This IRB – Independent Regulatory Body was expected to enable to guard the public interest (telecommunications users) and to support whilst protecting the telecommunications business competition thus becoming a fair, efficient business and attracts investors.
On July 11, 2003 Indonesia government finally established Indonesian Telecommunications Regulatory Body – BRTI by issuing Ministerial Decree No. 31/2003. Comments arouse thereinafter was that government hesitant to form a full IRB since the Head of BRTI is nonetheless the Director General of Posts and Telecommunications. Although that Ministerial Decree No. 31/2003 [substituted with No. 25/Per/M.Kominfo/11/2005] itself doesn’t grant the right for BRTI to be an executor, yet BRTI can make such regulation by means of the Director General of Posts and Telecommunication directive or decree of Minister of Communication and Information Technology.<
BRTI consists of Telecommunications Regulatory Committee members and Directorate General of Posts and Telecommunications (exclude Directorate of Posts). BRTI is expected to perform greatly in order to speed the telecommunications industry development by bringing competitive environment, enhancing the efficiency and protecting public interest, de facto and de jure.
Role & Function of Indonesian Telecommunications Regulatory Body
As stated on Ministerial Decree No. 31 Year 2003:
A. Regulating; consists of organizing and stipulating the provision of the telecommunications
network and services implementation, as follow:
- Licenses of the telecommunications network and services implementation;
- Operational Performance Standards;
- Quality Services Standards;
- Cost of Interconnection;
- Telecommunication’s tools and equipment standards.
B. Supervision of the telecommunications network and services implementation, such as in :
- Operational performance;
- Business competition;
- Utilization of telecommunication’s tools and equipment.
C. Control of the of the telecommunications network and services implementation, such as in :
- Dispute settlement between telecommunications network operator and telecommunications services operator;
- Utilization of telecommunication’s tools and equipment;
- Quality services standard compliance.