Analyzing Human Right to Personal Data Protection in Indonesia Amidst its High Global Impact

Abstract

Human right to personal data protection in this era of globalism and globalization is a sine qua non of legitimate progress in effectiveness of national legal systems and advanced development of security of persons. This research seeks to make an analysis of the right to personal data protection in Indonesia cognizant of recent advancement in technology and innovation. Indonesia’s enactment of the new Law No. 27 of 2022 has now set the country above the parapet in terms of its protective mechanism of human rights to personal protection and privacy where the world is globalized and gobbled at once. Considering the values of personal data provided in this new law, there is a need and urgency for the state to make a paradigm shift from only recognizing this new law as a good instrument of governance to recognizing it as a tool for protection, promotion and fulfilment of human right to privacy. In my determination to make a comprehensive analysis of this subject, a qualitative research method is used through the use of secondary data like articles, books and other materials that are germane to this work. Acutely au fait with the role of the court in interpreting laws and setting the jurisprudence thereafter, this paper concludes that this law ought to be interpreted in tandem with the guidelines of Mischief Principle of statutory interpretation in order not to dilute the purpose for which it is enacted.