In regard to applicant, it’s already confirmed on Communication and Informatics Ministry Regulation Number 7 year of 2018 that the Applicant on Indonesia SDPPI Approval Certification have to be local company. Local company here can be defined as manufacturer, local distributor, local importer, or local representative of the company that’s officially registered in Indonesia. It’s stated in the section 59 about what it’s meant by applicant. They are:
- Brand owner that is legally incorporated in Indonesia;
- Indonesian business entity that’s designated as an authorized representative or distributor by foreign brand owner;
- Indonesian legal entity that manufactures Telecommunication Equipment for brand owners domiciled outside the territory of the Republic of Indonesia;
- Individuals or business entities that make, compile, and combine components of Telecommunication Equipment, so that they can function as Telecommunication Tools and / or Equipment.
Indeed, point 4 is not specifically mention company status, whether it is Indonesian company or foreign company. But still, due to the requirement of submitting application documents through Online Single Submission, Applicant on Indonesia SDPPI Approval Certification have to be local company. It is because only local company can get an access to Online Single Submission by inputting their Business License Number (NIB) and password.
Moreover, if the local company (applicant) is not brand holder, we need to submit copy of distribution agreement letter to validate that applicant is really an authorized distributor from brand holder. And below is the requirements for distribution agreement letter to be accepted by SDPPI.
- Mandatory to have clause that indicates brand holder authorizes applicant as distributor or representative who will be responsible to the product in Indonesia.
- Mandatory to follow law jurisdiction of one of the parties
- Mandatory to be arranged in both English and Indonesian Language (in practice, many MoUs are arranged in English only and it’s accepted)
- It’s not allowed if the aim is only for certification purpose (there is no distributor-brand holder cooperation clauses)
- Not in form of Authorization Letter or certificate of authorization