Technological development has given way to various activities through the cyberspace, which simultaneously results benefits and risks.
To encourage optimal use of the cyberspace, state sovereignty in the cyberspace has become an essential matter, and thus must be enforced through governmental instruments established by the Government.
Indonesian Digital Sovereignty
Through governmental instruments utilized by the Government of the Republic of Indonesia, the following are ongoing executions of
- Indonesian digital sovereignty:
Introduction of Regulations The concept of cyber sovereignty manifests in various regulations belonging to its respective countries. Indonesia currently possesses several regulations to achieve digital sovereignty in Indonesia, among which includes the following:
a. Law Number 11 of 2008 on Electronic Information and Transactions as last amended by Law Number 19 of 2016 (“EIT Law”)
The concept of digital sovereignty in Indonesia appears in Article 2 of the EIT Law through the assertion that the EIT Law shall apply to every individual executing legal conducts as regulated in the EIT Law, situated both within and outside Indonesian territory, with legal implications in and/or outside of Indonesian territory and disrupts Indonesian interests. Furthermore, what constitutes as “disrupts Indonesian interests” includes but is not limited to the disruption of national economic interests, strategic data protection, national dignity and standing, national defense and security, national sovereignty, citizens, and Indonesian legal entities.
b. Law Number 27 of 2022 on Personal Data Protection (“PDP Law”)
Indonesia has ratified the PDP Law, which acts as the legal basis to provide data protection for every person, public body, and international organization executing legal conducts as regulated in the PDP Law:
1) those situated within Indonesian territory; and
2) those outside of Indonesian territory, with legal implications:
a. within Indonesian territory; and/or
b. towards Indonesian personal data subjects situated outside of Indonesian territory.
c. Government Regulation Number 71 of 2019 on the Establishment of Electronic Systems and Transactions (“GR 71”) and Regulation of the Minister of Communication and Informatics Number 5 of 2020 on Electronic System Operators in the Private Sector (“MOCI 5/2020”)
The Government through GR 71 and MOCI 5/2020 also strengthens digital sovereignty in Indonesia, in which every electronic system operator (both public and private) who operates an electronic system in Indonesia is required to conduct a registration to the Ministry of Communication and Informatics.
d. Government Regulation Number 80 of 2019 on Trade Through Electronic Systems (“GR 80”)
Indonesian digital sovereignty is also reflected through GR 80, which requires every individual or businesses in the form of a legal entity or not a legal entity (both domestic and international business actors) who carry out business activities in Trading Through Electronic Systems must have Trading Through Electronic Systems business license.
2. Content Control
The enforcement of sovereignty is exercised through the state’s role in protecting public interests from any type of inconvenience caused by misuse of information and electronic transactions which disrupt public order.1 The Government is obliged to extend measures to prevent the distribution and use of electronic information and/or documents containing prohibited materials in accordance with prevailing laws and regulations. To enforce such obligations, the Government has the authority to terminate access and/or order electronic system operators to terminate access to electronic information and/or documents containing illegal materials. Pursuant to Article 96 of GR 71, access termination may be enforced if:
a. violates the laws and regulations;
b. distresses the public and disrupts public order, such as falsified information and/or facts;
c. informs or provides access to electronic information and/or documents which violate prevailing laws and regulations.
3. Data Control
The enforcement of digital sovereignty in Indonesia is also exercised through the state’s role in protecting personal data belonging to their respective owners. The PDP Law stipulates that to process personal data, a personal data controller must have a basis for such processing, including:2
a. Explicit valid consent of the personal data subject for 1 (one) or several specific purposes that has been submitted by the personal data controller to the personal data subject;
b. Fulfillment of agreement obligations in the event that the personal data subject is a party or to fulfill the request of the personal data subject at the time of entering into the agreement;
c. Fulfillment of the legal obligations of the personal data controller in accordance with the provisions of laws and regulations;
d. Fulfillment of the protection of the vital interests of the personal data subject;
e. Carrying out tasks in the context of public interest, public services, or exercising the authority of the personal data controller based on the laws and regulations; and/or
f. Fulfillment of other legitimate interests by taking into account the objectives, needs, and balance of interests of the personal data controller and the rights of the personal data subject.
4. Infrastructure Development
To support the implementation of Indonesian digital sovereignty, the Government plays a role in the development of digital infrastructures. The Government’s role regarding this matter is reflected through (among others) the Palapa Ring Project, a telecommunications infrastructure project to install fiber optics across Indonesia spanning over 36.000 kilometers.3 With the Palapa Ring, underdeveloped, remote and outlying regions previously unconnected to the internet become connected, thereby providing benefits and ease for those living in such regions.4
Key Takeaway
- Digital sovereignty in Indonesia plays an important role in the current digital era.
- Indonesia as a sovereign country has established digital sovereignty through the introduction of laws, content and data control, and infrastructure development.
- To maintain political, economic, social and cultural stability, the Government has the authority to block contents which host illegal materials.
Authors: Robert Hasan, S.H.
Stephani Dea Raissa, S.H.
Radifan Haikal Ikmal, S.H