JRSSEM 2022, Vol. 01, No. 8, 1195 – 1206

E-ISSN: 2807 - 6311, P-ISSN: 2807 - 6494

DOI : 10.36418/jrssem.v1i8.135 https://jrssem.publikasiindonesia.id/index.php/jrssem/index

LEGAL POLITICS: PERSONAL DATA PROTECTION IN

PEDULI PROTECT APPLICATIONS IN INDONESIA

Irmanjaya Thaher*

Esa Unggul University

e-mail: irman.jaya@esaunggul.ac.id

*Correspondence: irman.jaya@esaunggul.ac.id

Submitted: 24 February 2022, Revised: 03 March 2022, Accepted: 15 March 2022

Abstract. The purpose of this study was to determine the application of personal data protection

to the use of the Peduli Protect. This is because, application users are required to register an

account which will automatically include personal data. Practically, the use of the Peduli Protect

application can benefit the wider community even though it has to intersect with the protection of

personal data. The author finds that the implementation of the Cares Protect application is still

vulnerable to misuse of personal data, therefore comprehensive and detailed rules are needed to

protect users of the Care Protect application. So, the use of the Care Protect application to stop

the spread of Coronavirus Disease (COVID-19) which relies on public awareness and participation

can run effectively without any misuse of personal data and clear sanctions for violators after the

COVID-19 pandemic ends.

Keywords: political law; protection; personal data; care protect application.

Irmanjaya Thaher | 1196

DOI : 10.36418/jrssem.v1i8.135 https://jrssem.publikasiindonesia.id/index.php/jrssem/index

INTRODUCTION

Three years ago, at the end of 2019, the

world was shocked by the emergence of a

new deadly virus that attacks the human

respiratory system, this virus is named

Novel Coronavirus Disease or abbreviated

as COVID-19. The virus was first discovered

in Wuhan, Hubei Province of the Republic

of China, the COVID-19 virus has spread to

almost all countries in the world.

The World Health Organization (WHO)

officially designated COVID-19 as a disease

outbreak on January 5, 2020 through a

publication and media broadcast. The

COVID-19 virus attacks the respiratory

system and is at risk of transmitting and is

caused by Severe Acute Respiratory

Syndrome Coronavirus 2 (SARS-Cov-2).

The COVID-19 virus was first discovered

in Indonesia on March 02, 2020, the

Government through the National Disaster

Management Agency (BNPB) has

established an emergency status for a

disease outbreak caused by the COVID-19

virus through a BNPB Head Decree.

The existence of this pandemic has

resulted in a new order of life for people in

various fields. The pattern of interaction in

activities that are usually carried out face-

to-face have begun to be adjusted using a

digital platform. The use of information

technology is absolutely necessary to

respond to the COVID-19 pandemic.

Various approaches have been taken to

overcome the rate of spread of the COVID-

19 virus, one of the most dominant ways is

the technological approach.

In the current era of digitalization,

personal data has become a very valuable

asset and has "high-value", therefore,

protection of personal data is important

considering that many people now use

information technology in their daily

activities. Moreover, during the COVID-19

pandemic the use of digital technology

increased sharply.

The Indonesian government released

community surveillance known as the

Peduli Protect Application. This application

is intended to handle the spread of COVID-

19, among others, to conduct tracing,

tracking, and giving warnings (tracing,

tracking, warning and fencing).

Peduli Protect application was formed

by PT. Telekomunikasi Indonesia, Tbk while

the copyright for the Peduli Protect

application was granted to the Government

of Indonesia "Casu Quo" the Ministry of

Communication and Information and the

Ministry of State-Owned Enterprises

(Decree of the Minister of Communication

and Information Technology Number 171

of 2020, 2020).

This Peduli Protect application was

then used in Indonesia during the COVID-

19 pandemic to verify a person's

vaccination status and efforts to break the

chain of spread of the COVID-19 virus. In its

use the Peduli Protect application requires

a registration process by inputting

information related to personal data.

What is the relationship between data

and legal politics? We understand that a

data can be categorized as personal data if

it relates to a person who is used to identify

that person (McCarty-Snead & Hilby, 2014).

In more detail, personal data can be

defined as certain individual data that is

stored, maintained, and kept true and

confidential (Regulation of the Minister of

Communication and Information

1197 | Legal Politics: Personal Data Protection in Peduli Protect Applications in Indonesia

Technology No. 20 of 2016 concerning

Protection of Personal Data in Electronic

Systems (Şık, Aydınoğlu, & Son, 2021).

In relation to the legal politics of

implementing this application, the

government through the Peduli Protect

application wants to involve the community

in the policy implementation process by

registering an account on a digital

platform. The involvement of the

Indonesian people to participate in using

the Peduli Protect application in daily

activities is what then contains elements

which in the academic realm are called

Legal Politics.

The development of the times and we

are stretching digitalization is carried out

by almost everyone around the world,

activities that used to be done

conventionally, now people are starting to

migrate and surf a lot in the digital space.

Changes are so fast, especially technical

matters where in the past the registration

process took a long time and was done in

black and white, now it can be connected

anywhere and anytime.

Progress or change will always be

followed by consequences. On the one

hand, technological sophistication can

facilitate activities that will be carried out by

humans and can even help increase

productivity. Like two sides of a coin,

technological sophistication guarantees

that personal data is inputted through a

digital system and becomes a connected

entity.

So why is this Personal Data Protection

important? This is because the protection

of personal data is a manifestation of the

right to privacy. This right also includes the

right to enjoy a private life and be free from

all kinds of interference, the right to

communicate with other people without

the intent of suspecting, and the right to

monitor access to information about a

person's private life and virginity, this

explanation is contained in Article 26

paragraph 1 (Mantelero, 2016).

Privacy can be understood as a

measure of individual control over various

aspects of his personal life, in this case

there are several types of privacy including:

a. Information Privacy, namely

information about himself personally.

b. Body Privacy, namely privacy over one's

body.

c. Communication Privacy, namely the

privacy of a person's communications;

and

d. Territorial Privacy, namely

the privacy of a person's place of

residence (Taddicken, 2014).

The protection of personal data is also

one of the most basic human rights. In the

paradigm of personal data protection legal

instruments in the form of Data Protection

Directives, Data Protection Conventions

and the OECD Guidelines, what is meant by

personal data is: "Information relating to an

identified or identifiable natural person".

Personal data will be followed by data

protection owned by each individual.

Personal data protection and privacy

rights are regulated in Article 26 paragraph

(1) of Law Number 19 of 2016 concerning

Electronic Information and Transactions (or

hereinafter referred to as the ITE Law),

namely as follows: “… the use of any

information through electronic media

concerning a person's personal data must

Irmanjaya Thaher | 1198

carried out with the consent of the person

concerned”.

Access to distribute personal

information must first obtain approval from

the parties concerned, so it can be

understood that in the use of information

technology, protection of personal data is

part of personal rights (privacy rights). The

personal rights are:

a. The right to enjoy a private life and be

free from all kinds of distractions.

b. The right to be able to communicate

with others without spying.

c. The right to monitor access to

information about a person's personal

life and data (APEC Privacy Framework

Singapore: APEC Secretariat, 2005)

Some of the classifications of privacy

rights above are elements that must be

considered in daily activities, including the

use of the Peduli Protect application, How

application Peduli Protect? This surveillance

application will record patient movement

data for the last 14 days, the application is

connected to a cellular phone to produce a

visualization of movement, the application

system will provide alerts via cellphones of

people around the detected patient to run

the ODP protocol (people under

monitoring) (Kittipanya-Ngam, Guat, &

Lung, 2012).

In more detail explained how it works

PeduliLindungi in (Ministry of

Communication and Information

Technology (Kijsanayotin, Pannarunothai,

& Speedie, 2009)) is explained as follows:

a. Start by downloading the Care to

Protect. When downloading this

system, it will ask for user approval to

activate location data to provide

information regarding zoning and self-

quarantine areas.

b. With active location conditions, the

application will identify the user's

location and provide information

regarding crowds and zoning.

The results of this tracing will make it

easier for the government to identify

anyone who needs to receive further

treatment in order to stop the spread of

COVID-19. If many people use this

application, it will further assist the

government in tracing and tracking.

METHODS

In a study, it is necessary to have a

method to get the results of the analysis

from the measurable. In this case, Sugiono

is of the view that the research method is a

scientific way of obtaining data with a

specific purpose and use. So it can be

concluded that the core of the research

method is how researchers can obtain data

which can then solve the problems in the

research in question.

The type of research that will be used in

this research is normative legal research. In

this study, the approach used is a juridical

approach to conduct analysis related to

existing rules. Data was collected through

literature study to find secondary data

using primary, secondary and tertiary legal

materials.

In this study, a description of the

research results will be carried out by

obtaining complete data and relating to the

Public Health Surveillance Application to

overcome the spread of the COVID-19 virus

in Indonesia, namely through the Care

1199 | Legal Politics: Personal Data Protection in Peduli Protect Applications in Indonesia

Protect Application.

RESULTS AND DISCUSSION

A. Legal Politics and Legal Basis for

Peduli Protect

Legal politics according to (Tyler,

Boeckmann, Smith, & Huo, 2019) is an

official policy line regarding the law

that will be applied to new laws and

replacements of old laws in order to

achieve state goals. In replacing and

making laws, it is necessary to pay

attention to the sense of justice in

society, not merely the goals of the

state. According to Irman Jaya, legal

politics is public participation in

determining the direction of legal

policy in the perspective of achieving

government goals to achieve state

goals.

In this case, the aim of the state is

to protect the entire Indonesian nation

and the entire homeland of Indonesia,

promote public welfare, educate the

nation's life, but of course it is not

always in line with humans who carry

out the signs of the Constitution who

have personal, group and class

interests.

Legal politics that guarantees that

every step is carried out by the

government in regulating laws and

regulations and applying them for the

purpose of the state, namely protecting

the entire nation and the entire

homeland of Indonesia.

By using the politics of state law to

form a plan and at the same time a draft

for the development of national law.

The results of the achievement of this

development process can help the

realization of legal goals that lead to

the goals of a country. Thus, it should

be noted that the realization of legal

goals automatically leads to plans for

the goals of a country itself (Fukuda-

Parr, Yamin, & Greenstein, 2014)

The welfare of society by

implementing the concepts of

democracy and the rule of law in

harmony with the welfare of the people

will be achieved because these two

concepts will provide legal certainty to

seek prosperity for all Indonesian

people.

Responding to the COVID-19

pandemic, which cannot be predicted

when it will end, the government of the

Republic of Indonesia through the

Ministry of Communication and

Information has launched the Cares

Protect which aims to stop the spread

of the COVID-19 virus. What about the

Legal Basis of the Peduli Protect?.

The handling of the COVID-19 virus

in Indonesia is based on the Decree of

the Minister of Communication and

Information No.159 of 2020 concerning

Efforts to Handle COVID-19 through

the support of the Post and Information

Technology Sector which states that

telecommunications operators,

Broadcasting Institutions, Online Media

Providers and other Media and Posts

must contribute , facilitate and take

steps to help the government

accelerate the handling of COVID-19,

namely by providing information and

data, providing applications, utilizing

Mobile Subscriber Integrated Services

Digital Network Number (MSISDN),

Irmanjaya Thaher | 1200

Short Message service to many

destinations (SMS Blast), the application

of high standards of health, security

and safety.

In addition, there is also the Decree

of the Minister of Communication and

Information No. 171 of 2020

concerning the Determination of the

Care to Protect Application in the

Context of Implementing Health

Surveillance for Handling COVID-19

states that the use of the Care to

Protect Application is only

during the COVID-19 emergency in

accordance with the applicable laws

and regulations.

In order to strengthen the

legality of using the Care Protect

Application in an emergency, the

application is supported by the Minister

of Health Regulation No. 45 of 2014

concerning Health Surveillance, 2014)

Article 5 and Article 6 and an appendix

which explains that the implementation

of health surveillance is carried out in an

integrated manner through data

collection, data processing, data

analysis, and information dissemination

by utilizing easily accessible

information technology facilities.

In addition, there are also Law No.

6 of 2018 concerning Health

Quarantine in question here is an exit

prevention effort or the entry of

diseases that have the potential to

cause public health emergency, Article

11 (1) mention the implementation of

Quarantine Health is implemented by

the Central Government quickly,

precisely, effectively with the support of

sources resources, operational

techniques and consider state

sovereignty, security, economy, social

and culture. It is further stated that for

reduce risk in areas under quarantine

Home, Territory Quarantine, Hospital

Quarantine, or Large-Scale Social

restrictions by

Health Quarantine

officials. Practically speaking, we can

understand that Peduli Protect

application users will be asked for

personal data such as name, address,

and mobile number to register an

account. After the account is registered,

Peduli Protect will ask the user to turn

on the active Bluetooth to record the

required information from the data

produced by the user's device. Then if

there are other devices in the Bluetooth

that are also registered in Care Protect,

an anonymous id exchange will occur

which is recorded by each device to find

out and provide warnings if there are

individuals who are exposed to the

COVID-19 virus around application

users.

However, one of the drawbacks of

implementing the Cares Protect

Application and the risk of criminal

action is that it has not been specifically

regulated regarding imprisonment

and/or fines for parties who violate the

protection of personal data such as the

act of collecting, using, or disclosing

personal data in the context of

implementing the application. Care

Protect itself.

In this case, legal politics must be

controlled by social impacts in the

community, social control without

shackled freedom of expression

1201 | Legal Politics: Personal Data Protection in Peduli Protect Applications in Indonesia

through the media, the attitude of the

government and its officials.

Regulations regarding the legality

of the Cares for Protecting Application

that are made must refer to broader

interests, the vision of the country in the

future, the ideals of the nation's

predecessors and moral responsibility

to the nation and religion to God

Almighty.

B. Legal Politics in the Application of

Surveillance Care Protect

Indonesia is an attractive market for

smartphone manufacturers, based on

(https://databoks.katadata.co.id/, 2020)

56.2% have used smartphones in 2018.

In 2019 the number of people using

smart phones increased to 63.3%. From

a number of smartphone users.

According to the Minister of

Communication and Information of the

Republic of Indonesia, Johnny G. Plate,

the total users of the Care to Protect

until 2020 have reached around 5

percent of the 25 percent target (Hajah

& Siahaya, 2017).

Currently, the Peduli Protect

application has a rating of 4.4, which

has a fairly good rating, which is

included in the category liked by users.

The Peduli Protect application is also

integrated with the ride-hailing so

Peduli Protect can be accessed through

the Gojek application. This integration

aims to encourage the use of Peduli

Protect which is currently only

downloaded 4.1 million times.

The basis for the formation of

regulations relating to preventing the

spread of the COVID-19 virus can also

be seen from the highest legislation,

namely the 1945 Constitution or

hereinafter referred to as the 1945

Constitution. Constitutionally, the right

to privacy can be found implicitly in

Article 28G paragraph (1) The 1945

Constitution. It reads as follows:

"Everyone has the right to protection

of himself, his family, honor, dignity and

property under his control, and has the

right to a sense of security and

protection from the threat of fear to do

or not do something which is his right.

human rights."

In Indonesia, the DPR-RI together

with the Government ratified Law

Number 19 of 2016 concerning

Amendments to Law Number 11 of

2008 concerning Information and

Electronic Transactions as the legal

umbrella for activities in the cyber

world. Another philosophical objective

of the establishment of this rule is to

provide a sense of security, justice, and

legal certainty for users and Electronic

System Operators.19 Protection of

personal data and privacy rights are

regulated in Article 26 paragraph (1) of

Law Number 19 of 2016 concerning

Information and Transactions Electronic

(or hereinafter referred to as UU ITE) is

as follows:

"... the use of any information

through electronic media concerning a

person's personal data must be carried

out with the consent of the person

concerned."

The article above is a manifestation

of the Principles of Consent (consent)

the protection of personal data. In

order to gain an extensive

understanding of the meaning of the

Irmanjaya Thaher                                                                                                               | 1202 
article, in the explanation of the ITE Law, 
it  is  explained  that  in  the  use  of 
information technology, the protection 
of personal data is part ofprivacy rights. 
Personal rights are:   
a.  The right to enjoy a private life and 
be  free  from  all  kinds  of 
disturbances. 
b.  The  right  to  be  able  to 
communicate  with  others  without 
spying. 
c.  The  right  to  monitor  access  to 
information  about  a  person's 
personal life and data (Djanggih & 
Qamar, 2018). 
 
Furthermore,  related  to  the 
practical benefits of using public health 
surveillance applications, the process of 
data  collection,  tracking,  and 
community  tracking  has  the  potential 
to  intersect  with  the  principle  of 
protecting personal data which is part 
of the right to privacy (Wu, 2014); (Choi, 
Lee, & Sohn, 2017).  
This is related to the regulation of 
personal  data  protection  in  Indonesia 
as stipulated in Article 15 and Article 16 
of  the  ITE  Law  that  electronic  system 
providers  are  required  to  facilitate 
reliable and safe electronic systems and 
are  responsible  for  system  operations 
and  of  course  set  standards  for 
implementation.  
Then  based  on  Article  1  of 
Government Regulation Number 82 of 
2012 concerning the Implementation of 
Electronic  Systems  and  Transactions, 
individual  data  must  be  stored, 
maintained,  and  kept  true  and  kept 
confidential. 
The  Peduli  Protect  application  is 
managed  by  PT  Telekomunikasi 
Indonesia and integrated with domestic 
data centers so that it is safe for users. 
When  the  user  registers  with  Peduli 
Protect, the data stored is the cellphone 
number  and  the  location  and  time 
when  the  data  exchange  occurs.  This 
data is confidential. The data taken and 
stored in the user's cell phone include: 
a.  User's  MAC  address  recorded  by 
other  Peduli  Protect  application 
users  who  both  have  bluetooth 
enabled. 
b.  User  ID  user  obtained  during 
registration. 
c.  User  location  at  the  time  of  data 
exchange 
d.  The  time  at  which  the  contact 
occurred 
e.  The duration during which contact 
occurs. 
 
The Peduli Protect application does 
not  retrieve  contact  list  data  on  the 
user's  cellphone.  The  data  is  stored 
encrypted  on  the  Peduli  Protect 
application server which is secure and is 
not  shared  with  the  public,  except  to 
government  agencies  currently 
appointed  to  handle  the  COVID-19 
pandemic,  or  due  to  legal  provisions 
(Raghavan, Middleton, & Mehdi, 2020). 
User  data  will  only  be  accessed  if  the 
user is at risk of contracting COVID-19 
and needs to be immediately contacted 
by  health  workers  (Abolfotouh, 
Almutairi,  BaniMustafa,  &  Hussein, 
2020);  (Belingheri,  Paladino,  &  Riva, 
2020).  

1203 | Legal Politics: Personal Data Protection in Peduli Protect Applications in Indonesia

Users of the Peduli Protect

Application are fully in control of the

data and may at any time withdraw

their consent to data recording by

sending an email to

PeduliLindungi@kominfo.go.id. The

application cannot retrieve and share

data without the user's consent of the

Cares Protect Application.

When the COVID-19 pandemic

ends, the Cares Protect Application will

delete all user data. The bluetooth

contact data stored in the user's mobile

local storage will be periodically

deleted after the data is sent to the

server every day. If the user deletes the

application, the data will also be

deleted. Or deleting data on the server

via email to Peduli

Protect@kominfo.go.id.

In order to protect the personal

data of Peduli Protect application users,

the Minister of Communication and

Information (Menkominfo) cooperates

with the National Cyber and Crypto

Agency (BSSN) to ensure that the

COVID-19 Peduli Protect contact

tracing application meets the principles

of personal data protection and

security. BSSN has checked the security

of the application called IT Security

Assessment, including the latest version

of the Peduli Protect application, but

must be monitored and assessed

regularly (Thaher, 2022).

At the beginning of the

implementation of the Cares Protect

Application, many parties doubted the

protection of the personal data of users

of this application. The Ministry of

Communications and Informatics

conducted a Press Release on April 17,

2020 (No. 57/Hm/Kominfo/04/2020)

which guarantees the security of the

Peduli Protect Application from

Phishing and Malware.

Although there is already a security

guarantee from the Government,

Communication Researcher and The

Information System Security Research

Center (CISSRec) believes that it is still

necessary digital forensic audit.

According to the security conditions

Indonesia's cyberspace is still relatively

worrying.

In 2019, there were 88 million

attacks on security systems in

Indonesia, therefore the Personal Data

Protection Law must be passed

immediately so that it can be used to

force companies or service providers in

Indonesia to take user data protection

seriously. Before the enactment of the

law, the most important thing is that all

interested parties obey the existing

regulations.

C. Personal Data Protection in Peduli

Protect Applications

In Indonesia, the principle of

personal data protection that can be

found easily is the Consent Principle

based on Article 26 paragraph (1) of the

ITE Law. The application of this principle

is in accordance with the

implementation of the Peduli Protect

application where the application

requires user approval at the beginning

so that personal data is collected (for

later anonymous id exchange) in

tracking the spread of the COVID-19

virus in Indonesia.

Irmanjaya Thaher | 1204

Users are asked for approval to read

the Terms and Conditions before using

the application. After this approval is

obtained, then this application can

work according to its purpose.

Another principle contained in the

privacy law in Indonesia is the Principle

of Reliability, Security and

Responsibility as stated in Article 15

and Article 16 of the ITE Law that

electronic system providers are

required to facilitate reliable and safe

electronic systems and are responsible

for system operation and of course set

standards. application.

The operation of the Care to Protect

application has a clear legal basis,

namely the Decree of the Minister of

Communication and Information of the

Republic of Indonesia Number 171 of

2020 concerning the Determination of

the Care to Protect Application in the

Framework of Implementing Health

Surveillance for Handling Coronavirus

Disease 2019 (COVID-19) so that the

reliability, security and responsibility of

implementing the application This is in

the hands of the Government.

Then based on Article 1 of

Government Regulation Number 82 of

2012 concerning the Implementation of

Electronic Systems and Transactions,

individual data must be stored,

maintained, and kept true and kept

confidential.

So far, the Peduli Protect

application has not had any reports of

violations related to this principle.

However, there is always room and

potential for data leakage so that all

parties, especially the Government, are

obliged to ensure that personal data in

the context of implementing

surveillance applications is stored,

maintained, and kept true.

CONCLUSIONS

Sophistication and rapid changes in

times are a reality that must be followed by

a high adaptation attitude, therefore using

digital technology instruments has now

become a necessity because it can facilitate

various activities in various fields. Life.

Especially with the COVID-19 pandemic,

which require social distancing. The rapid

and massive spread of COVID-19.

Requires the government to make

various efforts to reduce the spread. One of

the policies implemented by the

government is the application of the care

protect application to Assist relevant

agencies in Tracking to stop the spread of

COVID-19. Personal data protection has

been prepared with a special scheme.

However, up to now, peduli protect users'

security guarantees are still far from

Expectations.

Moreover, there are no clear rules

regarding sanctions for misuse of the care

protect application. Therefore, this research

can be developed further to find out the

lack of community involvement in public

policies related to the use of the peduli

protect application and a clearer abuse

sanction scheme.

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Irmanjaya Thaher                                                                                                               | 1206 
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