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Prohibitions, Sanctions and Data Types

Jakarta

The Personal Data Protection Law (UU PDP) has been enacted through a plenary meeting of the Indonesian House of Representatives concerning the ratification of the Personal Data Protection Bill (RUU PDP). Members of the Indonesian House of Representatives approved the PDP Bill which later became the PDP Law.

So, what is the Personal Data Protection Act? To find out more about the Personal Data Protection Law (UU PDP), see the complete information below.

PDP Bill Ratified in DPR Plenary Meeting

The Bill on Personal Data Protection or the PDP Bill has been approved by the House of Representatives of the Republic of Indonesia (DPR RI) in a plenary session, on Tuesday (20/9/20122). In a meeting held at the parliamentary complex, Senayan, Jakarta, members of the Indonesian House of Representatives approved the PDP Bill to be passed into the PDP Law.


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The meeting, which was chaired by the Deputy Speaker of the House of Representatives Lodewijk Paulus and accompanied by the Deputy Chairman of the House of Representatives, Rachmat Gobel, was attended by 73 members of the House physically and 206 virtual as well as 16 permits. Lodewijk then asked for approval from all factions present to ratify the PDP Bill as a product of law.

“Thank you to the leadership of Commission I of the DPR RI for submitting a report on the results of the discussion of the bill. Next, we will ask each faction whether the Personal Data Protection Bill can be approved to be passed into law?” asked Lodewijk.

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“Agreed,” the Council member replied.

The final draft of the PDP Bill itself has been discussed since 2016. It consists of 371 problem inventory lists (DIM) and produces 16 chapters and 76 articles. The number of articles in the PDP Bill has increased by 4 articles from the government’s initial proposal at the end of 2019, which was 72 articles.

Personal data illustration | Photo: detikcom/Pawel Kopczynski/REUTERS

The Personal Data Protection Law or the PDP Law is a law established as the legal basis for personal data protection in Indonesia. In a copy of the draft PDP Bill which was just passed on Tuesday (20/9), there are four things that are prohibited regarding data according to the PDP Law.

The following are 4 things that are prohibited regarding the management of personal data according to the PDP Law:

  1. Prohibition of obtaining or collecting personal data that does not belong to him with the intention of benefiting himself or others which may result in the loss of the subject of personal data. (Article 65 of the PDP Law).
  2. Prohibition of disclosing personal data that does not belong to him with the intent to benefit himself or others which may result in the loss of the subject of personal data. (Article 65 of the PDP Law).
  3. Prohibition of using personal data that does not belong to him with the intent to benefit himself or others which may result in the loss of the subject of personal data. (Article 65 of the PDP Law).
  4. Prohibition of creating false personal data or falsifying personal data with the intent to benefit oneself or others that can cause harm to others. (Article 66 of the PDP Law).
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The following are the sanctions for those who violate the four things above according to the PDP Law:

  1. Sanctions for perpetrators who obtain or collect personal data that do not belong to them are imprisonment for a maximum of 5 years and/or a fine of not more than IDR 5 billion. (Article 67 of the PDP Law).
  2. Sanctions for perpetrators who disclose personal data that do not belong to them are imprisonment for a maximum of 4 years and/or a maximum fine of Rp. 4 billion. (Article 67 of the PDP Law).
  3. Sanctions for perpetrators who use personal data that do not belong to them are imprisonment for a maximum of 5 years and/or a fine of not more than IDR 5 billion. (Article 67 of the PDP Law).
  4. Sanctions for perpetrators who falsify personal data are imprisonment for a maximum of 6 years and/or a maximum fine of Rp. 6 billion. (Article 68 of the PDP Law).

2 Types of Personal Data According to the Personal Data Protection Act

The Personal Data Protection Law (UU PDP) also regulates what types of personal data are included. According to a copy of the draft PDP Bill which was just passed on Tuesday (20/9/2022), there are two types of personal data regulated in Article 4 of the PDP Law.

The following are the types of personal data according to the Personal Data Protection Law, namely:

Personal data of a specific nature:

  • Health data and information
  • Biometric data
  • Data genetics
  • Crime record
  • child data
  • Personal financial data
  • Other data in accordance with the provisions of the legislation.

General personal data:

  • Full name
  • Gender
  • Citizenship
  • Religion
  • Marital status
  • Personal Data combined to identify a person.
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This is information about the Personal Data Protection Law (UU PDP) which has been stipulated by the DPR in the Plenary Meeting today, Tuesday (20/9/2022).

Watch the video ‘Here are the Duties and Provisions of the Newly Enacted PDP Law’:

[Gambas:Video 20detik]

(wia/imk)

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