The enactment of Indonesia's Personal Data Protection Law (Law Number 27 of 2022, hereafter referred to as the PDP Law) signifies a crucial step in recognizing personal data protection as an integral part of human rights, specifically the right to individual privacy. It underscores the state's responsibility to respect, fulfill, and protect the rights of its citizens.

In line with Article 28D, paragraph (1) of the 1945 Constitution of the Republic of Indonesia, which states:

“Everyone has the right to fair recognition, guarantees, protection, and legal certainty, and equal treatment before the law”

The establishment of the PDP Law ensures legal certainty and reinforces the protection of personal rights for every individual.

Moreover, Ministerial Regulation No. 5 of 2020 (MOCI Regulation 5/2020) regarding Electronic System Organizers in the Private Sector further illustrates the balance between privacy and law enforcement. Article 42, paragraph (1) mandates that Cloud Computing Operators must provide access to electronic systems or data when required for law enforcement purposes. This provision emphasizes that while data privacy is recognized and protected, there are defined and limited circumstances under which the government can access this data, specifically in the context of law enforcement.

In the context of the digital economy and big data, the need for robust protection of individual data has become even more pressing. This need aligns with the Universal Declaration of Human Rights (1948, Article 12), the International Covenant on Civil and Political Rights (1966, Article 17), and the 1945 Constitution of Indonesia (Article 28I, paragraph (4)), which collectively hold that the state is responsible for the protection, promotion, and fulfillment of human rights, including privacy.

In conclusion, the PDP Law represents a significant milestone in the development of human rights in Indonesia, enhancing the protection of privacy, ensuring legal certainty, and reinforcing the government's commitment to safeguarding individual rights in the digital age.