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Constitutional Privacy Protection: Indonesia Experience

Constitutional Privacy Protection: Indonesia Experience
Dr. Sinta Dewi
Universitas Padjadjaran, The Centre For Business Information Ethics, Meiji University, Tokyo, Japan 19-20 November, 2012
Bahasa Indonesia, Bahasa Inggris
Universitas Padjadjaran, The Centre For Business Information Ethics, Meiji University, Tokyo, Japan 19-20 November, 2012

Under the New Order regime in 1998, Indonesia is in the hegining of reformation era and people demand that the government should be more democratic and transparent therefore the People’s Consultative Assembly in 1999, 2000, 200 I and 2002 has amended the Constitution. and as a result, the original Constitution has grown from 37 articles to 73, o1 which only 11% remain unchanged from the original constitution . Basictly Privacy is not recognized in Indonesia collectivism culture and in collectist society the individual melting in the group (carnility clan, working, groups, etnic) therefore the individual behaviour influenced by the group. However influenced by the international law and other country practices and the influences of information technology and internet , Indonesia Civil society realized the importance of privacy right therefore in the last ten years privacy become an important issues in Indonesia. The Constitutional amendment adopt several articles on human rights protection including privacy rights although the term privacy is not states in the Constitution – Privacy impliedly stated in article 286 paragraph (I) of the fourth amendment of the Constitution states : that every person entitled to the protection of .individual, family, honor, dignity, and possessions under its authority and also entitled to. eel safe and pro/colon against the fear from threat to do or not do certain things which are the human rights. One of the new legal development in Indonesia is the establishment of the Constitutional Court of Indonesia in 2001 and mandated by the Constitutional amendment, There are three cases that resolved by Constitutional Court relating to the wiretapping conduct by government agencies, those cases maintly examined the goverment agencies authorities to perform wiretapping without. court warrant, In the decision, the Constitutional Court has confirmed that privacy right protected by Indonesia Constitution, However, these legal development still inconsistent with other related regulation such as National Security Bill, Data Protection, Press Act.

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