August 22, 2025 | 09:42 pm
TEMPO.CO, Jakarta - The National Commission on Human Rights (Komnas HAM) has urged the government to ensure the protection of Indonesian citizens' personal data in the trade agreement between Indonesia and the United States. Concerns about the leakage of Indonesians' personal data arise following the clause in the reciprocal trade agreement between Indonesia and the U.S., which stipulates Indonesia's obligation to transfer citizens' personal data to the U.S.
Komnas HAM Chair Anis Hidayah stated that the right to the protection of personal data is part of human rights that the government is responsible for respecting. Komnas HAM mentioned that the protection of personal data is already regulated in the Constitution, Law Number 39 of 1999 concerning Human Rights, the International Covenant on Civil and Political Rights (ICCPR) ratified as Law Number 12 of 2005, and Law Number 27 of 2022 concerning Personal Data Protection.
"Komnas HAM emphasizes the importance of the government to have sovereignty over digital data, including ensuring the protection of Indonesian citizens' personal data as human rights," said Anis in a written statement on Friday, August 22, 2025. He warned about the potential dangers of citizens' digital data leaking and being misused.
The U.S. and Indonesia agreed to the framework of a Reciprocal Trade Agreement, which includes the elimination of digital trade barriers. In an official statement released on July 23, 2025, on the White House website, the White House stated that Indonesia would ensure the transfer of personal data abroad, including to the U.S., and recognized adequate data protection in the U.S. This clause has drawn attention and criticism due to its focus on protecting the personal data of Indonesians. Furthermore, the U.S. still lacks comprehensive federal data protection regulations.
Director of Imparsial Ardi Manto Adiputra stated that the personal data of citizens should not be made an object of trade or economic agreements between countries. "The sovereignty of personal data is part of state sovereignty. President Prabowo is potentially surrendering it to foreign parties," said Ardi in a press release on Thursday, July 24, 2025.
Meanwhile, the National Association of Information and Communication Technology Entrepreneurs (APTIKNAS) reminded that the transfer of personal data from Indonesia to the U.S., as stipulated in the trade agreement between the two countries, must comply with the Indonesian Personal Data Protection (PDP) Law.
"If the Indonesian government indeed allows the public's data to be managed or stored in the United States, there must be minimum requirements, namely that the U.S. companies must comply with Indonesian PDP Law and be audited by the PDP Commission," said Chair of the Permanent Committee on Cybersecurity Vigilance APTIKNAS, Alfons Tanujaya.
Furthermore, Alfons continued, the transferred data must be encrypted and should not be accessed without explicit consent. Both countries also need to make bilateral agreements to prevent misuse by foreign authorities. Data security, according to Alfons, is not determined by its storage location but by the discipline and methods for storing the data.
Minister of Communication and Digital Meutya Hafid stated that the mechanism for transferring data abroad is explicitly regulated in the PDP Law and Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions. These regulations, Meutya said, guarantee secure and reliable data governance without sacrificing the rights of citizens.
Meutya stated that the practice of transferring cross-border personal data is commonplace. She noted that the G7 countries—the U.S., Canada, Japan, Germany, France, Italy, and the United Kingdom—have long used this mechanism securely and reliably. "The flow of data between countries is still carried out under the strict supervision of the Indonesian authorities, with caution and based on national laws," said Meutya.
Dani Aswara, Yudono Yanuar, Alif Ilham Fajriadi, and Nandito Putra contributed to the writing of this article
Editor's Choice: Gov't Says Personal Data Transfers Began Before US Trade Deal
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