Regarding “applicant” or certificate holder of SDPPI approval, it’s mentioned on article 10 and 11 of Communication and Informatics Ministry Regulation Number 3 year of 2024. The regulation says:
Article 10
- The certificate as intended in Article 7 paragraph (1) is submitted by an applicant who is:
- a. Business Actors who:
- 1. is a registered trademark holder in Indonesia.
- 2. is appointed as a representative and/or distributor of the brand holder.
- 3. manufacture and/or assemble of Telecommunications tools and/or telecommunications devices for brand holders.
- 4. manufacture and/or assemble Telecommunications tools and/or telecommunications devices; or
- 5. use Telecommunications tools and/or telecommunications devices for their own purposes.
- b. State Administrative Agencies.
- c. international organizations; or
- d. individual person.
- a. Business Actors who:
- Applications for Certificates by State Organizing Agencies, international organizations, or individuals as intended in paragraph (1) letters b, c, and d can only be submitted for Telecommunications tools and/or telecommunications devices used for their own purposes.
Article 11
- Applications for Certificates by Business Actors as intended in Article 10 paragraph (1) letter a are submitted through the OSS System which is integrated with the Directorate General’s Certification Service Facility.
- Applications for Certificates by State Administrative Agencies, international organizations, or individuals as intended in Article 10 paragraph (1) letters b, c, and d are submitted to the Minister through the Directorate General’s Certification Services Facility.
- Application for Certificate as intended in paragraph (1) implemented in accordance with the provisions of laws and regulations regarding the OSS System for the implementation of risk-based business licensing.
Moreover, please be informed that: if the local company (applicant) is not brand holder, SDPPI also requires submitting copy of distribution agreement letter or MOU between certificate holder and brand holder. The purpose is to validate whether or not the certificate holder / applicant is really an authorized partner from the brand holder who is responsible for product sale and/or use in Indonesia. Below are the requirements for distribution agreement or MOU to be accepted by SDPPI.
- Mandatory to have a clause that indicates first party (brand holder) authorizes second party (applicant or certificate holder) to be distributor or representative who will be responsible to the product warranty, sale, and/or use in Indonesia.
- Mandatory to follow law jurisdiction of one of the parties.
- Mandatory to be arranged in both English and Indonesian Language (We can disregard this point because in practice, many MOUs are arranged in English only and it’s accepted)
- It’s not allowed if the aim creating MOU ispurely for certification purpose (there is no distributor-brand holder cooperation clauses)
- Not in form of Authorization Letter or certificate of authorization, must be in the form of agreement or MOUs
