The Legal Reform of The Independent Supervisory Institution for The Enforcement of Personal Data Protection Law

Indonesia lacks a dedicated institution for personal data protection, a lack of which has led to increased data breaches and misuse. The Presidential Regulation, which regulates duties and authorities, has not been effective in addressing the issue. The country’s transition to digital technologies h...

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Main Authors: Noprianto Bachtiar, Amelia Tina
Format: Article
Language:English
Published: EDP Sciences 2024-01-01
Series:SHS Web of Conferences
Subjects:
Online Access:https://www.shs-conferences.org/articles/shsconf/pdf/2024/24/shsconf_diges-grace2024_07003.pdf
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author Noprianto Bachtiar
Amelia Tina
author_facet Noprianto Bachtiar
Amelia Tina
author_sort Noprianto Bachtiar
collection DOAJ
description Indonesia lacks a dedicated institution for personal data protection, a lack of which has led to increased data breaches and misuse. The Presidential Regulation, which regulates duties and authorities, has not been effective in addressing the issue. The country’s transition to digital technologies has not led to comprehensive legal protections. This type of research uses normative juridical research methods, using a statutory approach and an analytical approach, with the primary legal material is Law No. 27 of 2022 on the Protection of Personal Data, followed by analysis through grammatical interpretation and teleological interpretation. The result suggests that In Indonesia, the responsibility for overseeing data protection is currently held by an institution appointed by the President, raising concerns about the supervisory function’s independence. To address this, legal reforms are needed to create an independent supervisory institution with complete organizational autonomy, defining its structure, decision-making processes, and financial independence. This will prevent undue influence from external factors, such as political influence, and ensure a secure digital environment for all stakeholders.
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spelling doaj-art-5f4cdfd030a04a4fa2beae85d49e40e82025-08-20T02:19:12ZengEDP SciencesSHS Web of Conferences2261-24242024-01-012040700310.1051/shsconf/202420407003shsconf_diges-grace2024_07003The Legal Reform of The Independent Supervisory Institution for The Enforcement of Personal Data Protection LawNoprianto Bachtiar0Amelia Tina1Faculty of Law, Borobudur UniversityFaculty of Law, Borobudur UniversityIndonesia lacks a dedicated institution for personal data protection, a lack of which has led to increased data breaches and misuse. The Presidential Regulation, which regulates duties and authorities, has not been effective in addressing the issue. The country’s transition to digital technologies has not led to comprehensive legal protections. This type of research uses normative juridical research methods, using a statutory approach and an analytical approach, with the primary legal material is Law No. 27 of 2022 on the Protection of Personal Data, followed by analysis through grammatical interpretation and teleological interpretation. The result suggests that In Indonesia, the responsibility for overseeing data protection is currently held by an institution appointed by the President, raising concerns about the supervisory function’s independence. To address this, legal reforms are needed to create an independent supervisory institution with complete organizational autonomy, defining its structure, decision-making processes, and financial independence. This will prevent undue influence from external factors, such as political influence, and ensure a secure digital environment for all stakeholders.https://www.shs-conferences.org/articles/shsconf/pdf/2024/24/shsconf_diges-grace2024_07003.pdfprotection of personal data lawindependent supervisory institution
spellingShingle Noprianto Bachtiar
Amelia Tina
The Legal Reform of The Independent Supervisory Institution for The Enforcement of Personal Data Protection Law
SHS Web of Conferences
protection of personal data law
independent supervisory institution
title The Legal Reform of The Independent Supervisory Institution for The Enforcement of Personal Data Protection Law
title_full The Legal Reform of The Independent Supervisory Institution for The Enforcement of Personal Data Protection Law
title_fullStr The Legal Reform of The Independent Supervisory Institution for The Enforcement of Personal Data Protection Law
title_full_unstemmed The Legal Reform of The Independent Supervisory Institution for The Enforcement of Personal Data Protection Law
title_short The Legal Reform of The Independent Supervisory Institution for The Enforcement of Personal Data Protection Law
title_sort legal reform of the independent supervisory institution for the enforcement of personal data protection law
topic protection of personal data law
independent supervisory institution
url https://www.shs-conferences.org/articles/shsconf/pdf/2024/24/shsconf_diges-grace2024_07003.pdf
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