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Pandemic Covid-19 and the urgency of Data Protection in Indonesia (presented at Law, Technology, and Diversity in Asia 18th Asian Law Institute Conference 15 to 17 September 2021)
Bibliografi
Author:
Halomoan, Kristianto Pustaha
Topik:
JABFUNG-FH-KPH-2022-00
Bahasa:
(EN )
Penerbit:
Fakultas Hukum Universitas Pelita Harapan (UPH)
Tempat Terbit:
Tangerang
Tahun Terbit:
2021
Jenis:
Papers/Makalah - pada seminar internasional
Fulltext:
Pandemic Covid19_18th Asian Law_Kristianto.pdf
(454.39KB;
6 download
)
Abstract
Based on ASEAN Secretariat report in 2020, Indonesia was seventh (from 11 countries) among ASEAN countries in dealing with internet penetration, while Brunei Darussalam was the highest among them. In term of Broadband internet Indonesian ranked even worse, which second lowest in the region above Myanmar with speed around 21.28 Mbps (rank 14 globally). While digital literacy mostly among average among other ASEAN countries. Meanwhile, the first Indonesian regulation on digital law was enacted in 2008 with Act No. 11 year 2008 on Electronic Information and Transaction.
Indonesia did not had specific data protection policy such as General Data Protection Regulation (GDPR). The only source of law relating to this issues was Ministry of Information and communication regulation no. 20 year 2016 regarding data protection in electronic system. This regulation not only insufficient to protect personal data but also lack of legal standing (due its level of regulation) and scope of personal data protection which only cover in electronic system. On the other hand, based on data from association of Indonesian Internet Provider, the traffic of internet in Indonesia had increase 73,7% and this condition also follow by the increasement of violation of data protection during pandemi in Indonesia. Even Trend Micro stated that Indonesia was the number one country with malware attack during pandemi.
Even though Indonesia had draft of Law on data protection since 2019, but the pandemic situation had cause the finalization of the draft become less priority company to dealing with the pandemi. Therefor, we need to maximize the legal protection even with limitation of legal resources in order to have a better data protection in Indonesia.
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