PERMEN KOMINFO NO 5 OF 2024; DETERMINATION OF TELECOMMUNICATION EQUIPMENT TEST CENTER

PERMEN KOMINFO NO 5 OF 2024 was shared to the public during a webinar event held by SDPPI on October 15th, 2024. This new regulation is actually a realization of the previous regulation draft that was shared by SDPPI in November last year, which talked about Domestic and Overseas Test Laboratory Determination for the Purpose of Telecommunication Equipment Certification. After almost a year, finally the final version of PERMEN KOMINFO NOMOR 5 TAHUN 2024 is issued, and it’s still concerning the about the same topic; the determination of telecommunication equipment testing centers. what’s new from this regulation?

PERMEN KOMINFO NO 5 TAHUN 2024: DETERMINATION OF TELECOMMUNICATION EQUIPMENT TEST CENTER

The new PERMEN KOMINFO NO 5 OF 2024 mainly discusses about the determination of testing labs for the purpose of telecommunication device certification. This regulation covers the determination of both foreign and domestic test labs, and its mechanism. Below are some points to note regarding this determination process:

Domestic Test Laboratories Determination

In order to be determined as testing labs for the purpose of telecommunication device certification in Indonesia, domestic lab must obtain both Accreditation and Determination as Domestic Testing Lab. The accreditation process is done by National Accreditation Committee (KAN) based on applied regulatory practices and is proven by obtaining SNI ISO/IEC 17025 certificate. While about the “Determination” as Domestic Testing Lab, it is done by the coordination between the Ministry and KAN.

After getting the SNI ISO/IEC 17025 certificate from KAN, domestic testing lab can propose for lab determination to Ministry by sending the following documents:

1. Application letter for determination as a Domestic Testing Center;
2. Company deed of establishment and latest deed of amendment,
3. Copy of the latest SNI ISO/IEC 17025 accreditation certificate and scope issued by KAN in accordance with the Technical Standards applicable in Indonesia;
4. Organizational structure and curriculum vitae of testing laboratory personnel in accordance with the provisions of the latest SNI ISO/IEC 17025;
5. Proof of competence from the examiner to conduct testing of Telecommunication Equipment and/or Devices in the form of:
   • Copy of educational certificate in the relevant field;
   • Proof of having attended technical training; and/or
   • Proof of experience in conducting testing of Telecommunication Equipment and/or Devices;
6. List of testing equipment containing information on the function of the equipment, model, manufacturer/producer, quantity, and validity period of the last calibration, as well as the method of testing Telecommunication Equipment and/or Devices based on Technical Standards;
7. Letter of statement of independence (self-declaration) stating that there is no potential for a conflict of interest in the implementation of laboratory operations with the Directorate General;
8. Sample copy of the latest Test Result Report issued by the applicant testing laboratory using the Technical Standard test reference for the scope of testing requested;
9. Quality document;
10. Work instructions used to test Telecommunication Equipment and/or Devices against Technical Standards;
11. Proficiency testing document for the scope of testing requested; and
12. Internal and external audit reports conducted periodically (periodic audit report).

After those documents are submitted to the Directorate General, the Directorate General will verify all the submitted documents. And then, verification result will be handed over to the Ministry of Communication and Informatics for the final decision. Ministry will issue their final decision regarding the domestic lab, whether the lab can be accepted as designated domestic test lab for the purpose of telecommunication device certification or not. This determination will be valid for 5 years and can be extended later. And later on, PERMEN KOMINFO NO 5 OF 2024 also explains that in the case the domestic testing lab wants to add more scopes into their testing capability, it is possible by submitting proposal to the Ministry.

Foreign Test Laboratories Determination

The determination of foreign testing laboratories is conducted through Mutual Recognition Agreement (MRA) mechanism. In order to be accepted in Indonesia, laboratories within the territory of MRA countries should submit a determination proposal to the Ministry of Communication and Informatics of the Republic of Indonesia. This proposal must mention the testing scope document, which include the scope of the testing, and shall attach the documents required in the MRA. The documents required for the application for determination of the Foreign Testing Center must use Indonesian language, English, or another foreign language that is accompanied by an official translation to Indonesian or English. This document will be verified by directorate general before deciding whether the lab can be determined or not.

Besides MRA, the determination of foreign test lab for the purpose of telecommunication device certification can be conducted through Non-MRA mechanism. You may be familiar with the list of recognized test lab which was issued by SDPPI through unilateral recognition mechanism. These labs are recognized based on the last foreign lab determination regulation which is KEPDIRJEN SDPPI NO 109 TAHUN 2024. As we know, this regulation will be valid until December 31st, 2024. Based on PERMEN KOMINFO NO 5 TAHUN 2024, this recognition will be extended, but it’s only for the testing labs that are already listed. This means that new lab addition is not possible.

To extend the recognition, foreign testing laboratories must submit an application to the Minister no later than November 1, 2024. The application is submitted by the head of the foreign testing laboratory or the person in charge of the foreign testing laboratory, and submitted electronically by attaching the following documents:

1. Application letter for determination as a Foreign Testing Center;
2. Proof of legal entity in the country where the foreign testing laboratory is domiciled or other equivalent documents;
3. List of testing equipment used and testing methods for Telecommunication Equipment and/or Devices that are in accordance with the testing methods based on the Technical Standards applicable in Indonesia;
4. Self-declaration stating that there is no potential for a conflict of interest in the implementation of the operational of the testing laboratory with the Directorate General;
5. Sample copy of the latest Test Result Report issued by the applicant testing laboratory using the relevant Technical Standard test reference for each requested testing scope;
6. Quality document;
7. Work instructions used to test Telecommunication Equipment and/or Devices against Technical Standards;
8. Proficiency testing document for the requested testing scope;
9. Periodic internal and external audit reports;
10. A statement of willingness to use digital signatures issued by an electronic system organizer registered in its country and accompanied by a guide to checking the authenticity or validity of digital signatures; and
11. A copy of the latest ISO/IEC 17025 certificate and scope of accreditation issued by an Accreditation Institution that is a signatory to the Asia Pacific Accreditation Cooperation-Mutual Recognition Arrangement (APAC-MRA) or the International Laboratory Accreditation Cooperation-Mutual Recognition Arrangement (ILAC-MRA) in the country according to the country of origin of the testing laboratory;
12. At least 2 (two) documentary evidence in the form of:
    • accreditation from an Accreditation Institution of another country;
    • recognition from an international institution that carries out the function of assessing the conformity of Telecommunication Equipment and/or Devices; or
    • recognition of the telecommunications administration of another country.

The documents required for the application for determination of the Foreign Testing Center through non-MRA mechanism must use Indonesian language, English, or another foreign language, accompanied by an official translation to Indonesian or English. This document will be verified by directorate general before deciding whether the lab can be determined or not. If the labs can still be determined as foreign test lab through non-MRA mechanism, then this determination will be extended to December 31st of 2026.

For more detailed information regarding PERMEN KOMINFO NO 5 OF 2024.

Please be informed that the original source of the regulation above is owned by Ministry of Communication and Informatics of the Republic of Indonesia. You can download the original source in this link. You can also double check the translated document by comparing it to the original source in case there’s wrong/error in the translation process.

That’s all we need to inform regarding the new PERMEN KOMINFO NO 5 OF 2024. Should you have any questions about it, feel free to drop us an email to info@narmadi.com, or to our contact windows that’s already in your contact.

Cheers!