Abstract
Searching and seizing voluminous data is a challenge that Indonesian law enforcement authorities should resolve. Indonesia does not have a comprehensive regime on personal data protection. The absence of a coherent legal framework on personal data protection does not negate the obligation of Indonesian law enforcement authorities to protect personal data of Indonesian subjects. However, the absence of the framework may lead to uncertainties or ambiguities on how the authorities should protect personal data. Against the uncertainties and ambiguities, Indonesian law enforcement authorities should resolve issues of voluminous data in obtaining e-information with the prevailing legislation. This article attempts to answer the question: how may Indonesian law enforcement authorities interpret the current law to establish a coherent legal framework to protect personal data in searching or seizing voluminous data? The interpretation is instrumental in supporting the development of the Indonesian regime on personal data protection. It proposes that the Indonesian criminal procedure law should emphasise the active role of the chief judges of competent district courts and should incorporate particularity and proportionality as conditions and safeguards in the execution of search and seizure.
Highlights
Searching and seizing voluminous data is a problem that Indonesian law enforcement authorities should resolve
This article attempts to answer the question: “How may Indonesian law enforcement authorities interpret the current law to establish a coherent legal framework to protect personal data in searching or seizing voluminous data?” The interpretation is instrumental in supporting the development of the Indonesian regime on personal data protection
There should be a coherent regime regarding the protection of personal data in criminal justice areas in Indonesia
Summary
Searching and seizing voluminous data is a problem that Indonesian law enforcement authorities should resolve. This article attempts to answer the question: “How may Indonesian law enforcement authorities interpret the current law to establish a coherent legal framework to protect personal data in searching or seizing voluminous data?” The interpretation is instrumental in supporting the development of the Indonesian regime on personal data protection. This article employs a doctrinal method to answer the question It analyses the related provisions prescribed in the Constitution of Indonesia 1945, the Indonesian criminal procedure law, and other legislation that governs personal data protection and examines relevant decisions of the Constitutional Court of Indonesia and cybercrime cases. Part V attempts to re-construe the conditions and safeguards in the execution of search and seizure It emphasises the active role of the chief judges of competent district courts in determining the reasonableness of searching and seizing voluminous data.
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