JAKARTA - Transfer of personal data is considered not to mean transferring data management of all Indonesian citizens (WNI) to the Government of the United States (US).
In fact, according to Professor of Law at the University of Pandjajaran (Unpad) Ahmad M Ramli, this has become a normal and unavoidable phenomenon in international business transactions. Even in the digital era, the mechanism for personal data transfer, both domestically and between countries, has been going on for a long time.
"What must be understood is that personal data transfer does not mean that we are transferring the management of all Indonesian citizens' personal data to the US Government," Ramli said, quoting Antara.
He explained that Indonesia's transfer of personal data to the US was not only carried out by Indonesia, but had already been carried out by other countries. Even European Union countries that strictly protect their personal data have also made agreements regarding personal data with the US Government.
Reflecting on what the European Union has done, he continued, they have struck a deal with the US with trade transactions worth US$7.1 trillion. The European Commission has adopted the EU-US Data Privacy Framework (DPF) which took effect since July 10, 2023.
Meanwhile, regarding Indonesia-US cooperation, personal data transfer is explicitly called the personal data transfer out in the White House Fact Sheet entitled "The United States and Indonesia Reach Historical Trade Deal".
In the fact sheet, he said, clearly mentions the move to remove the Digital Trade Barrier between Indonesia and the US. Ramli assessed that the point is that Indonesia will facilitate the transfer of personal data to the US by recognizing the US as a country that has adequate data protection under Indonesian law.
According to him, this refers to the cross-border personal data transfer mechanism case by case, to ensure data flow remains legitimate and protected in the era of the digital economy.
Ramli said that personal data transfers have taken place anywhere. He gave an example of someone who will fly to New York from Jakarta, there will be a transfer of personal data that can even involve not only one country. Not to mention if you use a different airline.
Another example, for example, internet users in Indonesia, which according to data from APJII 2025 as many as 221,563,479 people, has also provided personal data to various global digital platforms for processing and transfer between territory and jurisdiction.
The personal data is given starting when creating email accounts, Zoom, Youtube, WhatsApp, ChatGPT, Google Maps, and others.
SEE ALSO:
Ramli emphasized that personal data transfer is a necessity. According to him, without this process there will be no digital services and transactions.
"With this RI-US agreement, the big homework is how the state carries out supervision, monitoring, and evaluation and enforcing compliance with the PDP Law. The goal is that data transfer anywhere in the world, is still carried out in an accountable and law-abiding manner," said Ramli.
He added that the government's homework after an agreement with the US was how to oversee the practice of transferring personal data to various countries to comply with the provisions of Law Number 27 of 2022 concerning Personal Data Protection (PDP).
"In this regard, the Personal Data Protection Agency plays a very strategic role in optimally implementing the provisions of the PDP Law. The government should not delay the formation of this PDP institution," said Ramli.
The English, Chinese, Japanese, Arabic, and French versions are automatically generated by the AI. So there may still be inaccuracies in translating, please always see Indonesian as our main language. (system supported by DigitalSiber.id)
