Indonesia: Lawsuit regarding constitutionality of Articles 65(2) and 67(2) of Personal Data Protection Law on legal certainty grounds was filed with Constitutional Court

Description

Lawsuit regarding constitutionality of Articles 65(2) and 67(2) of Personal Data Protection Law on legal certainty grounds was filed with Constitutional Court

On 31 July 2025, petition No. 135/PUU-XXIII/2025, which challenges the constitutionality of Articles 65 and 67 of Law No. 27 of 2022 on Personal Data Protection (PDP Law), was filed with the Constitutional Court of the Republic of Indonesia. The legal challenge was initiated by the SIKAP coalition, including the Alliance of Independent Journalists (AJI) Indonesia and the Southeast Asia Freedom of Expression Network (SAFEnet). The petitioners argued that the prohibition on the unlawful disclosure of personal data under Article 65(2) and the corresponding criminal penalties in Article 67(2), which include imprisonment for up to four years and a fine of IDR 4'000'000'000, allow for imprecise interpretations that could obstruct journalistic, academic, and artistic work. The petitioners sought declarations that these provisions have no binding legal force unless explicit exemptions for these sectors were included.

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Scope

Policy Area
Data governance
Policy Instrument
Data protection regulation
Regulated Economic Activity
cross-cutting
Implementation Level
national
Government Branch
judiciary
Government Body
supreme court

Complete timeline of this policy change

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2025-07-31
under deliberation

On 31 July 2025, petition No. 135/PUU-XXIII/2025, which challenges the constitutionality of Article…

2026-01-19
in force

On 19 January 2026, the Constitutional Court of the Republic of Indonesia rejected petition No. 135…