Chief Justice Suhartoyo (center) with Constitutional Justices Daniel Yusmic P. Foekh (left) and M. Guntur Hamzah (right) presiding over the preliminary hearing for the material review of Law No. 27 of 2022 on Personal Data Protection, Thursday (6/25/2025). Photo by MKRI/Ifa.

JAKARTA (MKRI) — The preliminary hearing for the material review of Article 58 paragraph (2) of Law No. 27 of 2022 on Personal Data Protection (PDP Law) took place on Thursday, June 25, 2026 in the Constitutional Court’s plenary courtroom. The Petition No. 221/PUU-XXIV/2026 was filed by students of Universitas Negeri Surabaya (Unesa, State University of Surabaya): Khairul Anwar, Fadhilatul Ma’rifah Fi Kamilatil Mahabbah, Renanda Ayu Krisdianty, Exellyana Rahmadani Damayanti, and Septyanus Hutarri.

The Petitioners argued that the numerous cases of personal data breaches and misuse across various sectors demonstrate that threats to the security of citizens’ personal data are not merely hypothetical, but have repeatedly occurred in practice. They believe the potential harm they may suffer arises from the absence of a personal data protection authority as contemplated by the relevant provisions.

On the basis of this argument, the Petitioners seek a constitutional interpretation from the Constitutional Court requiring the prompt establishment of an institution tasked with protecting citizens’ personal data. “The Petitioners request that the Court declare the provision to have no binding legal force unless it is construed to mean that ‘the establishment and existence of a personal data protection authority must be effectively realized,’” said Fadhilatul Ma’rifah Fi Kamilatil Mahabbah while reading the Petitioners’ petitums (request for relief).

Judicial Advice

Constitutional Justice M. Guntur Hamzah advised the Petitioners to strengthen their argument of legal standing by providing evidence demonstrating a connection to the challenged provision. “How can the Court and the justices be convinced that, in their daily activities, you indeed submit and process personal data through various electronic systems?” he asked.

Furthermore, he noted that the Petitioners seek the establishment of a personal data protection authority, even though the statute itself already mandates the creation of such an institution, which, in practice, has not yet been effectively established. “You need to reflect on this issue once again. If the problem concerns whether it has been effectively established or whether it has been established at all, then which domain does this fall within? Is it a matter of the norm itself, or is it a matter of implementation?” he asked the Petitioners, who attended the hearing virtually.

Subsequently, Constitutional Justice Daniel Yusmic P. Foekh advised the Petitioners to ascertain whether a similar petition had previously been examined and decided by the Constitutional Court. “If an identical petition has already been filed, it must be ensured that it is not barred by the principle of ne bis in idem, or that there are sufficient grounds for it to be submitted again,” he stated. According to him, challenging the same provision is permissible so long as the arguments and constitutional benchmarks invoked are different.

Finally, Chief Justice Suhartoyo, who chaired the hearing, observed that the Petitioners had not clearly articulated their legal standing or the constitutional harm allegedly caused by the challenged provision. “With respect to personal data protection, to what extent has the absence of a personal data protection authority during this period has caused you to believe that your constitutional rights have been adversely affected by the implementation of this provision?” he asked. In his view, the Petitioners must explain the specific constitutional injury they have suffered as a result of the current institutional vacuum.

Before adjourning the session, Chief Justice Suhartoyo announced that the Petitioners may revise the petition and re-submit it by 12:00 WIB on Wednesday, July 8, 2026, either online or offline.

Explore Case No. 221/PUU-XXIV/2026 (in Indonesian).

Author         : Ilham W. M.
Editor          : Lulu Anjarsari P.
PR              : Andhini S. F.
Translator    : Yuniar Widiastuti (NL)

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.