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All Journal Progressive Law Review Business Economic, Communication, and Social Sciences Journal (BECOSS)
Siti Yuniarti
Bina Nusantara University
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice

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PERLINDUNGAN HUKUM DATA PRIBADI DI INDONESIA Siti Yuniarti
Business Economic, Communication, and Social Sciences (BECOSS) Journal Vol. 1 No. 1 (2019): BECOSS
Publisher : Bina Nusantara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21512/becossjournal.v1i1.6030

Abstract

Attention to the protection of personal data increases with the development of technology, information and communication (ICT). Collecting, managing and storing personal data is increasingly easy to do by using the technology. These conditions are vulnerable to individual privacy. Privacy is recognized as a human right that required s a legal protection of personal data. As a legal state, Indonesia provides legal protection of human rights as stated firmly on UUD 1945. On the other hand, Indonesia is open to utilization of information and communication technology, including the internet. As consequences, Indonesia has to ensure that data protection has been covered by law. Therefore, using a normative juridical research method, this paper seeks to describe legal protection for personal data in Indonesia today. It shows that legal protection of personal data only accommodated on sectoral regulation that acquired a specific comprehensive act.
Petugas/Pejabat Pelindungan Data Pribadi dalam Ekosistem Perlindungan Data Pribadi: Indonesia, Uni Eropa dan Singapura Siti Yuniarti
Business Economic, Communication, and Social Sciences (BECOSS) Journal Vol. 4 No. 2 (2022): BECOSS
Publisher : Bina Nusantara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21512/becossjournal.v4i2.8377

Abstract

Personal data protection regulations have been adopted by 137 countries until the beginning of 2022. In addition to creating a data protection agency, personal data protection regulations have also created new professionalism, namely personal data protection officers. The main role of the data protection officer is to ensure compliance with personal data protection regulations placing the function of a data protection officer as an important factor in the personal data protection ecosystem. It raises the question of how the role of data protection officers in the personal data protection ecosystem when it is analyzed from the attributes attached to the profession. Therefore, using the normative juridical research method, this paper attempts to describe the role of the data protection officer in the personal data protection ecosystem by analyzing the attributes attached to the profession through a comparison of the General Data Protection Regulation (GDPR) in the European Union, Personal Data Protection Act Singapore and the draft of personal data regulation in Indonesia. This paper concluded that the existence of a data protection officer is part of the data protection regulation, whether it appears as an obligation or in terms of certain conditions. Independency of the data protection officer and organizational support is essential to optimize the data protection officer’s role which has been adopted on GDPR. It also noticed the presence of data protection officers as a service to fulfill the needs of data protection officers by organizations. Further research regarding the attribute of data protection officers as studied in this paper is needed since the Indonesia personal data protection bill will impact many sectors, both private and public sectors.
PROTECTION OF INDONESIA’S PERSONAL DATA AFTER RATIFICATION OF PERSONAL DATA PROTECTION ACT Siti Yuniarti
Progressive Law Review Vol. 4 No. 02 (2022): November
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v4i02.85

Abstract

The protection of Indonesia's personal data entered a new chapter with the signing of the Personal Data Protection Bill by the President on October 17, 2022. The presence of the Personal Data Protection Law (UU PDP) is a lex specialist of Indonesian personal data protection regulations. This study analyzes how the form of protection of Indonesian personal data after the enactment of the PDP Law by using components in the personal data protection ecosystem as parameters, namely data subjects, data controllers and data processors, data protection officers and personal data protection supervisory agencies. Using normative legal research methods, this study found that the regulation of the 4 components has been accommodated in principle in the PDP Law. The balance between the protection of individuals on the one hand and the public interest on the other is tried to be accommodated in the principles behind the PDP Law and the reduction of the implementation of some norms. The composition of the norms shows that the processing of personal data, especially the obligations of the data controller, is the focus of regulation. The role of a data protection officer to ensure regulatory compliance is complemented by a risk mitigation function. The existence of data protection as service is also accommodated in the PDP Law. The supervisory agency is given a series of authorities with detailed details of investigative authority. The PDP Law as a compact regulation requires various implementing regulations, including provisions issued by institutions and sectoral regulations. The support of understanding and strengthening of all parties in the personal data protection ecosystem absolutely needs to be carried out immediately as an effort to realize compliance by minimizing protection failures and unauthorized processing as a preventive measure. Preventive measures should be used as a key option in the data protection regime. Therefore, discussions regarding the protection of personal data continue to move dynamically following emerging legal and social developments.
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