Personal Data Protection Law in Indonesia: Institutional Challenges

  • Muhammad Yasin Sipahutar and Lina Miftahul Jannah
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  • Muhammad Yasin Sipahutar

    Doctoral Student at Faculty of Law, Universitas Indonesia, Indonesia

  • Lina Miftahul Jannah

    Associate Professor at Faculty of Law at Department of Public Administration, Faculty of Administrative Sciences, Universitas Indonesia, Indonesia

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Abstract

More than six months after the country passed the Personal Data Protection Law, the architecture of the institution that handles personal data protection in Indonesia is still a big question. This Law not only regulates the rights and obligations of interested parties, but also puts pressure on the President to form a special institution that takes care of the implementation of personal data protection. At the same time, leakage of personal data continues to occur, both in government agencies and in business entities. In fact, personal data is information that is excluded from disclosure. This paper maps out the institutional challenges faced by Indonesia as one of the largest internet user countries in the world. This paper focuses on (i) a general overview of government institution in Indonesia; (ii) personal data protection organization; and (iii) challenges faced by personal data protection institutions in Indonesia. The research was conducted with qualitative methods through data collection of literature studies and electronic data tracking. The data collected from official websites of the Indonesian Government, mass media, social media, and any documents. To analyze field findings, this study uses the process of tracing method. The findings in this study indicate that there are six challenges found: aspects of the institution's standing, institutional form and structure, implementation of authority, preparation of infrastructure and institutional support facilities, accountability and supervision, and human resource recruitment and systems.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 01 - 17

DOI: https://doij.org/10.10000/IJLMH.115352

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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