Chief Justice Anwar Usman and Chief Registrar Muhidin at the judicial review hearing of Law No. 27 of 2022 on Personal Data Protection, Monday (2/27/2023). Photo by MKRI/Ifa.

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Monday, February 27, 2023 | 12:19 WIB

JAKARTA (MKRI) — The Constitutional Court (MK) held a judicial review hearing of Law No. 27 of 2022 on Personal Data Protection (PDP Law) for both cases No. 108/PUU-XX/2022, filed by Leonard Siahaan, and No. 110/PUU-XX/2022, filed by Dian Leonaro Benny.

The fifth hearing was supposed to present Henri Subiakto and Ahmad M. Ramli, experts for the President/Government. However, until the session commenced, the Petitioners were absent without prior notice.

“The Petitioners did not notify [the Court] of their absence. We will give them one more chance, whether they will appear or not, then the Court will make a stance. The experts who will testify today can also submit a written testimony. The hearing is postponed until Tuesday, March 21, 2023 at 11:00 WIB,” Chief Justice Anwar Usman said at the plenary hearing on Monday, February 27, 2023.

Also read:

Provisions on Personal Data Security for Individuals and Home Businesses Challenged

Petitioner Provides Comparison of Provisions on Personal Data Protection

Personal Data an Exception in Personal Data Processing 

Govt: Law on Personal Data Protection Provides Legal Protection

The Petitioner of case No. 108/PUU-XX/2022 believes the PDP Law has not provided legal protection for personal data users, especially e-commerce home business actors, who are vulnerable to data breaches by hackers when making financial transactions. The advances of information technology allow personal data to be collected and transferred easily without the knowledge of the subject, thus resulting in threats against the subject’s constitutional rights. Personal data, he asserted, is part of human rights that needs to be protected. Therefore, provisions on personal data is the manifestation of the recognition and protection of basic rights. As such, the PDP Law, he emphasized, has not provided protection for the rights of subjects of personal data.

Meanwhile, the Petitioner of case No. 110/PUU-XX/2022 believes Article 15 paragraph (1) of the PDP Law was against Article 28D paragraph (1) and Article 28E paragraph (1) of the 1945 Constitution, which treats data as part of personal privacy. He believes privacy is a standalone right that should not depend on other rights, but it could be lost if someone publicize private things.

Losses due to violation of privacy are difficult to assess. They may interfere with personal life, so the victim of such a violation deserves compensation. Article 15 paragraph (1) of the PDP Law does not clearly and accurately explain “the interest of national defense and security,” so could potentially lead to multiple interpretations and problems in the future and is used as justification for excluding the rights of subjects of personal data.

The Petitioner appealed to the Court to declare Article 15 paragraph (1) letter a unconstitutional and not legally binding, or declare Article 15 paragraph (1) letter a unconstitutional and not legally binding insofar as not be interpreted as “The interest of national defense and security’ means any interest related to the efforts to maintain and protect state sovereignty, territorial integrity of the Unitary State of the Republic of Indonesia and the safety of the entire nation from all forms of threats.”

Writer        : Sri Pujianti
Editor        : Nur Rosikin
PR            : Fitri Yuliana
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 2/28/2023 09:40 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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