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All Journal GOVERNANCE: Jurnal Ilmiah Kajian Politik Lokal dan Pembangunan Rechtsvinding
Adfiyanti Adfiyanti
Universitas Tadulako
Arts Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Regulations on Reusing Phone Numbers in Indonesia and the European Union Nazzarina Saharani; Adfiyanti Adfiyanti; Rahmia Rachman
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1859

Abstract

The practice of reusing (recycling) expired mobile phone numbers is an administrative necessity for the sake of limited numbering efficiency. However, in the digital ecosystem, this phenomenon poses a residual data risk that threatens constitutional privacy rights because new numbers are often still linked to the old owner's bank accounts and social media. This study aims to analyze the legal construction of phone number reuse from the perspective of personal data protection and to formulate the form of legal accountability of telecom providers for the damages caused. The research used a normative juridical method with a statute approach, a conceptual approach, and a comparative approach. The study found a conflict between Minister of Communication and Informatics Regulation No. 14 of 2018, which focuses on numbering efficiency, and Law No. 27 of 2022 on Personal Data Protection (PDP Law). Telecom operators, as Data Controllers, have a legal responsibility to apply the right to erasure before giving out phone numbers again. If they don't make sure a number is 'clean,' they can be sued in civil court for breach of contract (Article 1239 of the Civil Code) or for unlawful acts (Article 1365 Civil Code in conjunction with Article 12 of the PDP Law). This study recommends reconstructing sectoral regulations by adopting the Privacy by Design principle through providing interconnection clearing Application Programming Interface (API) infrastructure across platforms to ensure legal certainty and consumer protection.
PERLINDUNGAN HUKUM HAK PRIVASI PELANGGAN TELEKOMUNIKASI TERHADAP INVASIF DIRECT MARKETING MELALUI SMS SPAM Srikandi Robiatul Crushtyranny; Agus Lanini; Adfiyanti Adfiyanti
GOVERNANCE: Jurnal Ilmiah Kajian Politik Lokal dan Pembangunan Vol. 13 No. 8 (2026): 2026 Agustus
Publisher : Lembaga Kajian Ilmu Sosial dan Politik (LKISPOL)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56015/gjikplp.v13i8.1320

Abstract

This study aims to analyze the terminological weaknesses and regulatory overlaps within the Electronic Information and Transactions Law (UU ITE) and the Personal Data Protection Law (UU PDP) that create legal loopholes for invasive direct marketing practices via SMS spam, as well as to formulate a comprehensive legal reconstruction for the privacy rights of telecommunication customers. Employing a normative legal research method with conceptual and comparative approaches, this study reveals that the ambiguous definition of personal and household activities in Article 2 paragraph (2) of the UU PDP and the multi-interpretable phrase in Article 26 paragraph (1) of the UU ITE have led to regulatory disharmony and an enforcement gap. This loophole is heavily exploited by electronic system operators and third parties to send commercial messages without prior consent, directly violating the privacy rights of the consumers. As a resolution, this study concludes and recommends legal reconstruction through regulatory synchronization adopting General Data Protection Regulation (GDPR) standards, the enforcement of product liability for telecommunication providers, the limitation of commercial promotion hours, and the implementation of strict corporate sanctions. Furthermore, the government and legislative bodies are advised to immediately establish an independent data protection supervisory agency to ensure legal certainty, justice, and utility for the public.
Co-Authors Lanini, Agus Nazzarina Saharani Rahmia Rachman Srikandi Robiatul Crushtyranny