Behind Trade, There Is Our Data

The government claims that the data transferred to the United States is not personal data from citizens but commercial data. But that view actually opens up gaps in violations of Indonesia's digital sovereignty. The data submitted is not just a name or phone number. But it concerns the codification of Indonesia's digital territory.

At the end of July 2025, the White House announced a framework for mutual trade agreement with Indonesia, including items on 'Removing barriers for digital trade'. One of them is the recognition that the United States is considered a jurisdiction with adequate data protection. Thus, data from Indonesia can be transferred there. The government stated that this transfer is only for commercial data, not personal data. Menkomdigi Meutya Hafid said that this process was based on the Personal Data Protection Law (UU No 27 of 2022) and PP 71/2019.

However, this statement was denied by many observers. Imparsially warns that the agreement has the potential to violate the PDP Law. Because not all commercial data is clean from individual identity. It could be exposed to sensitive data from residents.

The Imparsial Director, Ardi Manto Adiputra, stated that the personal data of citizens should not be used as objects of trade agreement or economy between countries. "Personal data sovereignty is part of the country's sovereignty," he said in his official statement.

Imparsial emphasized that this provision violates Law Number 27 of 2022 concerning Personal Data Protection. This law, although not yet fully implemented, is a legal guarantee to protect the security of citizen data. Transfer of data abroad makes the national data center development policy lose meaning.

As mentioned earlier, the government emphasized that the data transferred was commercial data. For example, data from business research results, e-commerce trends, or market statistics. Spokesperson for the Coordinating Ministry for the Economy said this data was used for market analysis and submitted through a legal mechanism.

Kominfo also ensures that the process runs transparently and according to regulations. The Minister of Human Rights, Natalius Pigai, even said that this transfer did not violate human rights because it was subject to the PDP Law. President Prabowo stated that negotiations were still ongoing and were not final.

The problem is, commercial data can still contain traces of identity. For example, banking transaction data in a city can reveal customer profiles. E-commerce logistics data can track consumption, income, and even location patterns.

On the one hand, the PDP Law gives citizens the right to refuse data transfer. But this agreement provides more space for foreigners. This is contradictory.

The DPR and independent supervisory institutions do not yet have strong authority over cross-border transfers. Komdigi only has a technical role. This gap has the potential to become a violation of human rights and the PDP Law. Moreover, negotiations were carried out behind closed doors. The public was not involved. The right of citizens to refuse was not explained.

Negotiations must not be one-sided. Indonesia must not participate in foreign games that are packaged as digital opportunities. Without strict supervision and transparency, the door to foreign supervision of Indonesians is wide open. The government is obliged to disclose the technical data of the agreement. The DPR must step in. Digital democracy requires participation.

A public policy observer from Trisakti University, Trubus Rahadiansyah, suspects geopolitical motives. According to him, the US can use data from Indonesia to monitor China's movements, their strategic rivals in the region.

The Indonesian Digital Cooperation Institute (IDCI) also reminded. Digital sovereignty is part of the country's sovereignty. If left unchecked, Indonesia will only become a field for exploitation of countries that own technology infrastructure.

This is not just a matter of commercial data transfer. But the initial consolidation of the weakening of Indonesia's digital sovereignty. Public suspicion is an alarm that digital democracy is being shifted. The government must stop pretending to be legal. It's time to return to its original destination. Protecting citizens, not opening the door to foreign surveillance.

Finally, what may be leaked is not just the name of the citizens. But our digital lifestyle. What we buy, watch, click, and think. Everything can be mapped. Indonesia's digital sovereignty is now being tested and unconsciously, we are wrapping it in a cross-border trading package.