IMPLEMENTASI HAK ATAS PRIVASI TERHADAP PERLINDUNGAN DATA PRIBADI DI INDONESIA DITINJAU DARI INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

Immanuel, Adrienne Angelhart (2025) IMPLEMENTASI HAK ATAS PRIVASI TERHADAP PERLINDUNGAN DATA PRIBADI DI INDONESIA DITINJAU DARI INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

International Covenant on Civil and Political Rights (ICCPR) is an international instrument that provides protection and guarantees for the enjoyment of civil and political rights recognized under the Covenant, one of which is the Right to Privacy regulated in Article 17 of the ICCPR. This Covenant has been prevailing for more than 30 years, the rapid pace of the development of technologies has changed the concept of Privacy protected by ICCPR more broadly, through General Comment Number 16: Article 17 (The Right to Privacy), also Resolutions from United Nations Bodies relating to Personal data protection in the digital age, i.e. Privacy Protection provided through Personal Data Protection. The ease afforded by technology advancement is also having a negative impact, that is: the government, private sector, or individuals who have the power to process individuals’ personal data, have the potential to interfere with Personal data, which may violate or abuse human rights. Considering ICCPR imposes obligations to Member States to take legislative and other necessary measures such as adopting domestic law to implement the rights recognized in the Covenant. Therefore, it is important to discuss and analyse the promotion and protection of the right to privacy in the digital age through existing domestic law whether they are following the requirements of the ICCPR. One of them is Law Number 27 of 2022 concerning Personal Data Protection (PDP Law), Indonesia’s domestic law to protect the right to privacy in the digital age. This research aims to determine whether the implementation of right to privacy towards personal data protection in Indonesia is under the requirements of the ICCPR. The research method used is doctrinal legal research, using ICCPR to review the Data Protection Regulation implemented by the Indonesian government. The main finding of this research is the PDP Law is not in line with the protection of the Right to Privacy as guaranteed by the ICCPR. That’s because PDP Law needs to: regulate the effective remedies as guarenteed by ICCPR that will be given to the Subjects of the right that have been harmed both materially or/and imaterially. The current example of the best data protection regulations in world is the European Union General Data Protection Regulation (GDPR). GDPR provides protection of the right to privacy in the form of data protections, both within the EU Region, and outside the EU. The Indonesian Government needs to review the PDP Law, where necessary, it can refer to the GDPR that has stronger provisions to protect the right to privacy.

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