Balancing Privacy Rights and Legal Enforcement: Indonesia Practices.
t'
nternational Journal
of
LIABILIIY AND
Internutional
Journal of
Liability and
\-
Scientific
Enquiry
Volume 5, Nos. 314,2012
Publisher's website: www. inderscience.com
Email : [email protected]
ISSN (Printl1741-6426
ISSN (Onlin el 17 41 -6434
CopyrightO tnderscience Enterprises Ltd
No part of this publication may be reproduced stored or transmitted in
any material form or by any means (including electronic, mechanical,
photocopying, recording or otherwise) without the prior written
permission of the publisher, except in accordance with the provisions of
the Copyright Designs and Patents Act 1988 or under the terms of a
licence issued by the Copyright Licensing Agency Ltd or the Copyright
Clearance Center lnc.
Published and typeset in the UK by lnderscience Enterprises Ltd
Int. J. Liability and Scientific Enquiry, Vol. 5, Nol 3/4, 2012
Contents
181
Nuclear power: ecologically sustainable or energy hot potato? A case study
Tilak Ginige, Frazer Ball, Ann Thornton and Catherine Caine
r99
TRIPs: balancing privacy and public welfare on the international stage
Laurel Pqrk.er
Privacy and data protection laws in lndia
Vidhi Agarwat
205
213
221
".
Lead poisoning: the epidemic hitting the US juvenile justice system
Summer M. Mliller
Technology and open distance learning (ODL): intellectual property issues
at a glance
Amos Sourombe
232
Balancirrg privacy rights and legal enforcement: Indonesian practices
Sinta Dewi
212
An old narrative for a new culture: what cyber-culture can learn from
indigenous culture
Angela Adrian
270
The debate regarding Muslim personal law in South Africa: achieving a
balancing of interests
Yousuf Dadoo and Fawzia Cossim
28'.1
The crossing of boundaries between four walls
Luciana H e I ena G onq alv es
300
A closer look at recent Chinese and US patent law reform: will the America
Invents Act and China's Third Amendment reduce the Sino-Amcrican
Patent Divide?
J enn ifer Il a i- S h ing Maguir
316
e
ERRATA: IJLSE Vol.4, No.3, pp.265-2E0
The retail dominance of supermarkets in Australia: a growing geography
pseudo-foods and its implications for obesity
Jo Bird
317
Contents Index
320
Keywords Index
324
Author lndex
of
lnternationar Journar of
f.igo_i!!v and scientific Enquiry
(lJLsE)
Editor-in-chier
Professor Johanna K.p. Dennis
Associate Professor of Law, Southem University Law
Center
2 Ro.osevelt Steptoe Ave, Baton Rouge, LA 70g 13, USA
Email: [email protected]
Executive Editor
Dr Clare Chambers
senior Law Lecturer, University of the west of England, Bristol
Law School
Campus, Coldhabour Lane, Bristol, BS16" ley, UK--freng-hay
Ernail: [email protected]
Members of the Editorial Board
Dr. Angela Adrian
Southern Ctoss University
School oflaw and Justice
PO Box 157, Lismore 2480. Australia
Anuschka Bakker
IBFD, H.J.E. Wenckbachw eg 210
1096 AS Amsterdarn, Netherlands
Dr. Manish Gupta
St. Olavs pl 5, NO-0317 Osio, Norway
Carl Brackensieck
of
Proiessor Thomas G. Field, Jr.
Professor of Law; Director
Intellectual Froperly Amicus Clinic
Franklin Pierce Law Center
2 White Street, Concord NH 03301, USA
Jon Garon
Hamline University, School of Law
1536 Hewitt Avenue
Saint Paul, MN 55104-1237,rJ$A
David F. Goldsmith
The George Washington University
Deparfrnent of Environmental and
Occupational Health,
School of Public Health and Health
Services, 300 M St., NW, Ste. 203
Washington DC 20052, SA
Advisory Services
1700 R-esearch Blvd., Ste. 240
Rockville MD 20850 USA
M&T Bank Corporation
Jon Bing
University of Oslo, P.O. Box 6706
lagramgnto CA, California Society
Industrial Medicine & Surgery
1000 Q Street, Ste 20 I
Sacramento, CA 95814, SA
Professor Tee L. Guidotti
Vice President for Health/Safety
Environment and Sustainability Medical
72 Raintree Island, Ste l0
Tonawanda, NY 14150, USA
Prof- Dr'. Sylvia Mercado Iiierkegaard
President, International Association of IT
Lawyers, Tuborgvej 106
G
DK-2900 Hellerup, Denmark \.
Email : [email protected]
Alan Reid
Napier University
School of Management and Law
I99., l/60, Craiglockhart Campus
Edinburgh EII14 lDJ, UK
Dr. Larry A. Reynolds
Department of Justice Canada
Regulatory Section, Prairie Region
21 I Bank of Montreal Building
10199-l0l Street
Edmonton, Alberta T5J 3y4, Canada
Balancing Privacy Rights and Legal Enforcement:
Indonesia Practices
Presented at The 2011 IAITL Legal Conference Series
Cyprus: 19-22 September, 2011
Sinta Dewi
Lecturer at Faculty of Law,
Department of Law and Technology
University of Padjadjaran Bandung, Indonesia
Abstract. This paper describes and analyses the regulatory
environment of privacy protection in Indonesia relating to government
legal enforcement, particularly in the corruption and national security
investigation. After the Suharto era, the Indonesian political architecture
became more democratic and privacy conscious. Privacy is protected in
Indonesia as one of the fundamental human rights and is regulated in the
Constitution. However, the increased level of corruption and national
security issues in Indonesia has prompted the government to apply
wiretapping regulation. This paper will discuss the intersection between
privacy protection and government legal enforcement and how far these
two rights could be balanced.
1. Introduction
Since first introduced in United States by Warren and Brandheis in 1890, the
concept privacy as a right to be let alone privacy become a debatable issues due to
the wide range of rights physical privacy in the home or office, the decision relating
reproductive without government interference, freedom from surveillance 1 and
information privacy where involves the storing, collection and handling personal
information. From the European countries approach privacy considered as one of
fundamental human rights. Privacy is well develop in western society because
privacy found in the old social practices in the norms of western societies where
people began to differentiated between public and private realm2.
Although privacy right is a well recognised right, there is still no acceptable
definition of privacy3 due to the wide range of its application. One of the debatable
issues relating to the privacy right in the modern world is the Big Brother metaphor
as depicted by George Orwel’s - a totalitarian government where the government
can constantly monitoring and spying people. One of Big Brother’s methods is
1
James Waldo el al, Engaging Privacy and Information techonogy in A Digital Age, (2007) ,
p. 1.
2 Richard C. Turkington and Anita L. Allen, Privacy Law: Cases and Materials, (1999). P. 3.
3 Raymond Wacks, Privacy a Very Short Introduction , 40 (2010).
nternational Journal
of
LIABILIIY AND
Internutional
Journal of
Liability and
\-
Scientific
Enquiry
Volume 5, Nos. 314,2012
Publisher's website: www. inderscience.com
Email : [email protected]
ISSN (Printl1741-6426
ISSN (Onlin el 17 41 -6434
CopyrightO tnderscience Enterprises Ltd
No part of this publication may be reproduced stored or transmitted in
any material form or by any means (including electronic, mechanical,
photocopying, recording or otherwise) without the prior written
permission of the publisher, except in accordance with the provisions of
the Copyright Designs and Patents Act 1988 or under the terms of a
licence issued by the Copyright Licensing Agency Ltd or the Copyright
Clearance Center lnc.
Published and typeset in the UK by lnderscience Enterprises Ltd
Int. J. Liability and Scientific Enquiry, Vol. 5, Nol 3/4, 2012
Contents
181
Nuclear power: ecologically sustainable or energy hot potato? A case study
Tilak Ginige, Frazer Ball, Ann Thornton and Catherine Caine
r99
TRIPs: balancing privacy and public welfare on the international stage
Laurel Pqrk.er
Privacy and data protection laws in lndia
Vidhi Agarwat
205
213
221
".
Lead poisoning: the epidemic hitting the US juvenile justice system
Summer M. Mliller
Technology and open distance learning (ODL): intellectual property issues
at a glance
Amos Sourombe
232
Balancirrg privacy rights and legal enforcement: Indonesian practices
Sinta Dewi
212
An old narrative for a new culture: what cyber-culture can learn from
indigenous culture
Angela Adrian
270
The debate regarding Muslim personal law in South Africa: achieving a
balancing of interests
Yousuf Dadoo and Fawzia Cossim
28'.1
The crossing of boundaries between four walls
Luciana H e I ena G onq alv es
300
A closer look at recent Chinese and US patent law reform: will the America
Invents Act and China's Third Amendment reduce the Sino-Amcrican
Patent Divide?
J enn ifer Il a i- S h ing Maguir
316
e
ERRATA: IJLSE Vol.4, No.3, pp.265-2E0
The retail dominance of supermarkets in Australia: a growing geography
pseudo-foods and its implications for obesity
Jo Bird
317
Contents Index
320
Keywords Index
324
Author lndex
of
lnternationar Journar of
f.igo_i!!v and scientific Enquiry
(lJLsE)
Editor-in-chier
Professor Johanna K.p. Dennis
Associate Professor of Law, Southem University Law
Center
2 Ro.osevelt Steptoe Ave, Baton Rouge, LA 70g 13, USA
Email: [email protected]
Executive Editor
Dr Clare Chambers
senior Law Lecturer, University of the west of England, Bristol
Law School
Campus, Coldhabour Lane, Bristol, BS16" ley, UK--freng-hay
Ernail: [email protected]
Members of the Editorial Board
Dr. Angela Adrian
Southern Ctoss University
School oflaw and Justice
PO Box 157, Lismore 2480. Australia
Anuschka Bakker
IBFD, H.J.E. Wenckbachw eg 210
1096 AS Amsterdarn, Netherlands
Dr. Manish Gupta
St. Olavs pl 5, NO-0317 Osio, Norway
Carl Brackensieck
of
Proiessor Thomas G. Field, Jr.
Professor of Law; Director
Intellectual Froperly Amicus Clinic
Franklin Pierce Law Center
2 White Street, Concord NH 03301, USA
Jon Garon
Hamline University, School of Law
1536 Hewitt Avenue
Saint Paul, MN 55104-1237,rJ$A
David F. Goldsmith
The George Washington University
Deparfrnent of Environmental and
Occupational Health,
School of Public Health and Health
Services, 300 M St., NW, Ste. 203
Washington DC 20052, SA
Advisory Services
1700 R-esearch Blvd., Ste. 240
Rockville MD 20850 USA
M&T Bank Corporation
Jon Bing
University of Oslo, P.O. Box 6706
lagramgnto CA, California Society
Industrial Medicine & Surgery
1000 Q Street, Ste 20 I
Sacramento, CA 95814, SA
Professor Tee L. Guidotti
Vice President for Health/Safety
Environment and Sustainability Medical
72 Raintree Island, Ste l0
Tonawanda, NY 14150, USA
Prof- Dr'. Sylvia Mercado Iiierkegaard
President, International Association of IT
Lawyers, Tuborgvej 106
G
DK-2900 Hellerup, Denmark \.
Email : [email protected]
Alan Reid
Napier University
School of Management and Law
I99., l/60, Craiglockhart Campus
Edinburgh EII14 lDJ, UK
Dr. Larry A. Reynolds
Department of Justice Canada
Regulatory Section, Prairie Region
21 I Bank of Montreal Building
10199-l0l Street
Edmonton, Alberta T5J 3y4, Canada
Balancing Privacy Rights and Legal Enforcement:
Indonesia Practices
Presented at The 2011 IAITL Legal Conference Series
Cyprus: 19-22 September, 2011
Sinta Dewi
Lecturer at Faculty of Law,
Department of Law and Technology
University of Padjadjaran Bandung, Indonesia
Abstract. This paper describes and analyses the regulatory
environment of privacy protection in Indonesia relating to government
legal enforcement, particularly in the corruption and national security
investigation. After the Suharto era, the Indonesian political architecture
became more democratic and privacy conscious. Privacy is protected in
Indonesia as one of the fundamental human rights and is regulated in the
Constitution. However, the increased level of corruption and national
security issues in Indonesia has prompted the government to apply
wiretapping regulation. This paper will discuss the intersection between
privacy protection and government legal enforcement and how far these
two rights could be balanced.
1. Introduction
Since first introduced in United States by Warren and Brandheis in 1890, the
concept privacy as a right to be let alone privacy become a debatable issues due to
the wide range of rights physical privacy in the home or office, the decision relating
reproductive without government interference, freedom from surveillance 1 and
information privacy where involves the storing, collection and handling personal
information. From the European countries approach privacy considered as one of
fundamental human rights. Privacy is well develop in western society because
privacy found in the old social practices in the norms of western societies where
people began to differentiated between public and private realm2.
Although privacy right is a well recognised right, there is still no acceptable
definition of privacy3 due to the wide range of its application. One of the debatable
issues relating to the privacy right in the modern world is the Big Brother metaphor
as depicted by George Orwel’s - a totalitarian government where the government
can constantly monitoring and spying people. One of Big Brother’s methods is
1
James Waldo el al, Engaging Privacy and Information techonogy in A Digital Age, (2007) ,
p. 1.
2 Richard C. Turkington and Anita L. Allen, Privacy Law: Cases and Materials, (1999). P. 3.
3 Raymond Wacks, Privacy a Very Short Introduction , 40 (2010).