An Analysis of the Gap Between Data Protection Regulations and Privacy Rights Implementation in Indonesia

This paper analyzes the gap between data protection regulations and the implementation of the right to privacy in Indonesia from a juridical normative perspective. Despite the enactment of the Personal Data Protection (PDP) Law in 2022, significant challenges remain in ensuring the protection of personal data. These challenges include vague legal definitions, limited enforcement mechanisms, and insufficient provisions for regulating emerging digital technologies such as artificial intelligence and big data. Additionally, public awareness of privacy rights remains low, further exacerbating the ineffective implementation of the law. Through a comparative analysis with international frameworks like the GDPR, this paper highlights key areas for improvement in Indonesia's data protection landscape. Recommendations include establishing a centralized data protection authority, enhancing legal provisions for technological advancements, and increasing public engagement to ensure the effective protection of privacy rights in the digital age.

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Publication Details

Journal
The Easta Journal Law and Human Rights
Published
2024-10-31
DOI
https://doi.org/10.58812/eslhr.v3i01.351
Citations
5
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
Field-Weighted Citation Impact
16.30
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article

An Analysis of the Gap Between Data Protection Regulations and Privacy Rights Implementation in Indonesia

I Putu Harry Suandana Putra, Loso Judijanto, Nuryati Solapari
5 citations
The Easta Journal Law and Human Rights
Legal and Policy Analysis in Indonesia
16.30
article

An Analysis of the Gap Between Data Protection Regulations and Privacy Rights Implementation in Indonesia

I Putu Harry Suandana Putra, Loso Judijanto, Nuryati Solapari
article en
5 citations

Abstract

This paper analyzes the gap between data protection regulations and the implementation of the right to privacy in Indonesia from a juridical normative perspective. Despite the enactment of the Personal Data Protection (PDP) Law in 2022, significant challenges remain in ensuring the protection of personal data. These challenges include vague legal definitions, limited enforcement mechanisms, and insufficient provisions for regulating emerging digital technologies such as artificial intelligence and big data. Additionally, public awareness of privacy rights remains low, further exacerbating the ineffective implementation of the law. Through a comparative analysis with international frameworks like the GDPR, this paper highlights key areas for improvement in Indonesia's data protection landscape. Recommendations include establishing a centralized data protection authority, enhancing legal provisions for technological advancements, and increasing public engagement to ensure the effective protection of privacy rights in the digital age.

The Easta Journal Law and Human RightsVol. 3(01)
Sultan Ageng Tirtayasa University (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 1%
Legal and Policy Analysis in Indonesia
16.30
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