Ask The Constitutional Court To Reject The Law On Personal Data Protection, This Is A Government Explanation

Illustration of the Constitutional Court (MK). (Antaranews)

JAKARTA - The government through the Ministry of Communication and Information has asked the panel of judges of the Constitutional Court (MK) to reject the argument for the lawsuit for testing Law Number 27 of 2022 concerning Personal Data Protection (UU PDP) submitted by the applicant.

This was said by the Director General of Informatics Applications at the Ministry of Communication and Information, Samuel Abrijani, in a judicial review session of the PDP Law held by the Constitutional Court in Jakarta, Monday, February 13.

"According to the government, it is appropriate and very based on law and it is fitting for a constitutional judge to wisely reject the argument from the applicant," said Samuel.

In the trial chaired directly by the Chief Justice of the Constitutional Court Anwar Usman, Samuel emphasized that the provisions of Article 1 point 4 and Article 19 of the PDP Law did not conflict with Article 28 D Paragraph (1) of the 1945 Constitution of the Republic of Indonesia (UUD NRI), as feared by the applicant.

Then, regarding Article 2 Paragraph (2) of the PDP Constitution which is argued by the petitioner, he continued, it also contradicts Article 28 D of the 1945 Constitution of the Republic of Indonesia that the a quo provisions have guaranteed the protection and legal certainty as well as the same recognition before the law.

In front of the panel of judges, Samuel explained that the PDP Law clearly regulates actions including the scope of the law itself. The formulation in Article 2 of the PDP Law expressly states that the law does not apply to processing personal data by individuals in household personal activities.

Furthermore, the petitioner's argument regarding the losses submitted is not actually the coverage regulated in Article 2 Paragraph (2) of the PDP Law, but has been accommodated in Article 2 Paragraph (1) of the PDP Constitution.

"The PDP Law applies to everyone, including individuals who carry out business and corporate activities, public bodies and international organizations who commit legal acts as regulated by the PDP Law," he said in the trial of cases Number 108 and 110/PUU-XX/2022.

Based on the PDP Law, individuals who carry out business activities in their homes can be categorized as controlling personal data. Therefore, the person must be legally responsible for processing the data held and fulfilling the provisions in the PDP Law.