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

Abstract

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.

Keywords

• protection of personal data law
• independent supervisory institution