In Favor Of An Immigration Data Protection Law In Indonesia And Its Utilization For Contact Tracing

Abstract

Immigration data form a substantial part of the border protection between countries. However, the quality and integrity of each country’s immigration data varies greatly in terms of technology and regulation. A country that has a weak a legal framework on data protection has proven to be easily abused by irresponsible parties. Including when Indonesia tries to carry out tracing by synchronizing the data in the Peduli Lindungi application with immigration data, there will be a potential violation of the privacy rights of individuals. Hence, this study applies a normative and empirical (mix) legal research methodology to analyze two keys issues: what are the advantages of synchronizing the domestic tracing application called Peduli Lindungi to the immigration data? and what kind of legal framework to prevent the misuse of personal data in Indonesia? With regulatory and comparative approaches, this study concludes without powerful legal framework, there will be no legal assurance to the promotion of privacy rights in the synchronization and the use of immigration data for health tracing purposes. From the empirical side, Indonesian’s current policy does not enable monitoring or evaluating authority to scrutinize ministerial activities in collecting and utilizing personal data. Moreover, by considering several problems of data breach in Indonesia, a single and unified data protection law is needed to integrate and provide uniformity of implementation for data protection.