"The Presidential Regulation comes along as well, (and) we prepare it for institutional (purposes). The government is currently preparing the organizational items to carry out this Personal Data Protection," Director General of Informatics Application at the ministry Semuel A. Pangerapan stated here on Monday.
Currently, the ministry has almost completed formulating the government regulation, he noted.
After it is completed, electronic system providers found violating personal data will be fined, as the sanction is no longer in the form of a recommendation letter or written warnings, Pangerapan stated.
The decision was based on instances that took place from 2019 to 2023 during which time, users' private data had been leaked by providers, and the government had only issued recommendation letter or written warnings, he pointed out.
"After the Government Regulation is done, (and) the institution has been established, the fine sanction will come into effect from October 21, 2023. People are given two years by the law to adjust. This is why it only came into effect in 2024," he elaborated.
The ministry stated that the Personal Data Protection Law, ratified on October 17, 2022, serves as an important foundation in personal data management in cyberspace.
Two judicial reviews were issued to the Constitutional Court, which stated that Chapter 1, number 4 and Chapter 19 of the Personal Data Protection Law outlining personal data and its processors are against the 1945 Law.
It also points at another aspect that contradicts the 1945 Law, which is chapter 2, article 2 of the Personal Data Protection Law that lists about exceptions in law application in personal data processing by individuals for personal use.
Moreover, the request also said that chapter 15, article 1, letter a of the PDP Law on exceptions to personal data rights for the use of state defense and security is contradictory to the 1945 Law.
However, the court overruled them and supports the law's function to maintain the personal data of citizens.
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Translator: Lia Wanadriani S, Mecca Yumna
Editor: Sri Haryati
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