pISSN: 2723 - 6609 e-ISSN: 2745-5254
Vol. 5, No. 5 Mei 2024 http://jist.publikasiindonesia.id/
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 5, Mei 2024 2430
Application of Personal data protection on electronic
signatures in Indonesia
Viola Meiryan Azza
1*
, Hartana
2
, G.nyoman Tio Rae
3
Universitas Bung Karno, Indonesia
1*
2
,
3
*Correspondence
ABSTRACT
Keywords: Protection of
Personal Data; Electronic
signature; Indonesian
Legal Compliance.
The Industrial Revolution 4.0 and digital transformation
have brought significant changes in various aspects of life,
including the business and administrative world. This
revolution, driven by digital technologies such as the
Internet of Things (IoT), artificial intelligence (AI), big data,
and cloud computing, enables automation in various
industrial sectors and increases efficiency and productivity.
This study aims to analyze the process of collecting,
processing, and using personal data in using electronic
signatures in Indonesia and knowing the compliance and
legal consequences of personal data protection violations in
using electronic signatures in Indonesia. This research
approach is juridical normative. The research found that
although the use of electronic signatures has increased
rapidly during the COVID-19 pandemic, many challenges
are still faced. Electronic signatures are often considered
prestigious and challenging, although they have been widely
used in signings by notaries. The author realizes that
although much progress has been made, there is still room
for improvement in adopting and understanding electronic
signatures in Indonesia.
Introduction
The Industrial Revolution 4.0 and digital transformation have brought significant
changes in human life, including business and administration. The Industrial Revolution
4.0 is a phenomenon of technological disruption that utilizes digital technologies such as
the Internet of Things (IoT), artificial intelligence (AI), big data, cloud computing, and
others (Arrasuli & Fahmi, 2023). This revolution has enabled automation in various
industrial sectors and significantly increased efficiency and productivity. According to
Saeful, in his book "The Fourth Industrial Revolution," Industrial Revolution 4.0 has
changed how we work and how we live, relate to each other, and view the world (Satrio
Application of Personal data protection on electronic signatures in Indonesia
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 5, Mei 2024 2431
& Widiatno, 2020). This revolution has integrated the physical, digital, and biological
worlds unprecedentedly (Azzani, Purwantoro, & Almubaroq, 2023).
Digital transformation is also an essential part of the Industrial Revolution 4.0.
Digital transformation refers to integrating digital technology into all aspects of a
business, fundamentally changing how it operates and delivering new value to customers
(Budiyatno, 2023). This process involves using digital technologies such as cloud
computing, mobile computing, big data, Internet of Things (IoT), and artificial
intelligence (AI) to create new opportunities and improve operational efficiency
(Cahyadi, 2020).
The development of digital technology has brought about a massive transformation
in the global entertainment and media industry. According to PwC's report, the industry's
total revenue jumped 5.4% in 2022 to US$2.32 trillion, despite slowing down from 10.6%
growth in 2021 as the economy and industry recovered from the COVID-19 pandemic.
While revenue growth is projected to slow in the next five years to 2027 due to weaker
consumer spending, the entertainment and media industry is expected to reach a value of
US$2.8 trillion by 2027 (Rosadi, 2016). Digitalization is increasingly dominating, with
an estimated share of digital revenue reaching nearly 71% of total industry revenue by
2027, up from 55.2% in 2018. In addition, global internet access will approach a US$1
trillion market as data consumption nearly triples from 2022 to 2027 (Damayanti,
Setiawan, & Firman, 2024). The prospect of massive growth in regions such as Asia and
opportunities in hot sectors such as advertising, gaming, and emerging technologies such
as generative AI will be critical drivers amid adjusted expectations and weakening
consumer purchasing power.
Sectors that have experienced a significant increase in the use of information
technology include:
1. Financial and Banking Sector: According to a report from Deloitte, most financial
institutions have adopted technologies such as mobile banking, digital payments,
artificial intelligence, and blockchain to improve efficiency, security, and customer
experience.
2. Healthcare Sector: Digital transformation in healthcare has become a significant
necessity, with the adoption of technologies such as electronic medical records,
telemedicine, and health data analytics to improve quality of care and operational
efficiency.
3. Education Sector: The use of technology in education, such as online learning, video
conferencing, and learning management platforms, has increased significantly during
the COVID-19 pandemic.
Government Sector: Governments worldwide have adopted information technology
to improve public services, transparency, and civic participation through initiatives such
as e-government and open data.
According to a McKinsey Global Institute analysis covering over 800 jobs and
2,000 work activities, digitization and process automation have great potential to increase
productivity and efficiency in various industries (Dermawan, 2021). Globally, nearly half
Viola Meiryan Azza, Hartana, G.nyoman Tio Rae
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 5, Mei 2024 2432
of employee activities, which account for nearly $16 trillion in wages, have the potential
to be automated using existing technologies (Nasiroh & Priyadi, 2018). Although less
than 5 percent of jobs can be fully automated with current technology, at least 30 percent
of employee activities in about 60 percent of job types can be automated. Among the
industries studied, the potential for automation ranged from 27 to 73 percent, while in the
healthcare industry, the potential reached 36 percent (Fitri, 2022). Large-scale automation
can help address various issues facing health insurers, such as improving workflow
efficiency, speeding up decision-making based on accurate data, and lowering operational
costs.
Adapun penelitian terdahulu yang penulis jadikan dasar acuan dalam penulisan
penelitian ini adalah:
"Thesis by Andrew Giovanni Alexander Palealu Universitas Atma Jaya Yogyakarta 2018
titled: Legal Protection of Consumer Personal Data in E-Commerce Transactions".
The author finds that the discussion discussed by the previous author is based on
data breaches when making transactions on e-commerce, resulting in material losses for
users of these e-commerce services. Of course, transactions carried out online seem easy
and save time. However, the problem of personal data breaches, considered a problem in
this thesis, refers to Law No. 11 of 2008 and Law No. 19 of 2016 concerning Information
and Electronic Transactions as the basis for solving the problem. The author sees that
there are things that need to be improved in surgery and research on the thesis written by
the previous author, namely the use of Law No. 27 of 2022 concerning Personal Data
Protection as a basis for solving problems when there are personal data breach activities
and leakage of personal data of e-commerce consumers.
"Thesis by Bagus Satryo Ramadha, S.H. Universitas Islam Indonesia 2021 titled: The
Ability of Criminal Law Against Cybercrime Related to Personal Data Protection in
Indonesia."
The author feels that the previous author of this thesis discussed personal data
protection and cybercrime before Law No. 27 of 2022 concerning Personal Data
Protection. So, the author gets a complete point of view when writing his research
material, supported by these two previous studies. The author discusses in this thesis how
the government carries out the personal data protection and how the use of personal data
in internet/digital products should be carried out. The rapid era of information and
technology makes humans more pampered; shopping does not need to go to the market,
watching movies does not always have to go to the cinema, and additional business capital
does not need to go to the Bank do it online and many other activities can be done "at
home." This previous research also included proving cyber crimes when they arrived in
court. Where in the problem formulation, the previous author asked, "How is the criminal
ability of the Electronic Information and Transaction Law in tackling cyber crimes related
to personal data protection?". The author feels the need to perfect the answer to the
previous research problem formulation because Law Number 27 of 2022 concerning
Personal Data Protection had not yet been published when the previous research was
written. Therefore, because it is based on this, the author feels it is important to examine
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Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 5, Mei 2024 2433
additional research to improve the protection of personal data used in electronic
transactions.
Based on the two previous studies, the author feels that the basis for discussing the
research to be carried out can be refined with new findings and new regulatory laws that
the author will examine and collect into new research material.
The objectives of this study are:
1. To analyze the process of collecting, processing, and using personal data in the use of
electronic signatures in Indonesia
2. To determine the compliance and legal consequences of personal data protection
violations in the use of electronic signatures in Indonesia
Research Methods
The problem approach used in this study is carried out with a normative juridical
approach. A normative approach is an approach that is carried out based on the primary
legal material, examining theoretical matters concerning legal principles, legal
conceptions, views, legal doctrines, regulations, and legal systems. With a normative
juridical problem approach, it is hoped that it can help solve problems related to using
personal data embedded in electronic signatures where not all people understand that their
data is attached and never lost as long as the soft copy document still exists and has not
been destroyed.
Research Specifications
The research specifications used are descriptive-analytical, describing applicable
laws and regulations associated with legal theories and positive law implementation
practices related to problems. Analytical descriptive research is the research conducted
by the author because, in this study, the author tries to describe existing realities or
existing facts and describe a problem related to the application of personal data protection
in the management of personal data from electronic signatures carried out by electronic
certificate providers in Indonesia.
Legal Material Collection Techniques
The technique of collecting legal materials that the author uses in this study is
library research. Collection of legal material from secondary legal material derived from
articles on the internet and other sources. Document study is a tool for collecting legal
materials carried out through written legal materials using (content analysis). This
technique helps obtain a theoretical basis by reviewing and studying books, laws and
regulations, documents, scientific journals, reports, archives, and other research results,
both printed and electronic, related to protecting personal data embedded in electronic
signatures.
Techniques for analyzing legal materials
After the legal material is processed, it is then continued with legal material analysis
techniques using qualitative analysis, namely discussing the legal material obtained by
referring to the existing theoretical foundation. The data that has been obtained from the
results of this study is compiled and analyzed qualitatively. The data is described
Viola Meiryan Azza, Hartana, G.nyoman Tio Rae
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 5, Mei 2024 2434
descriptively to obtain a picture that can be understood clearly and directed to answer the
problems studied. On the other hand, this analysis reviews cases related to the issues
faced, including the application of personal data protection in Indonesia's use of electronic
signatures.
Research Location
Carried out online and offline, considering that the author also lives his daily life as
a practitioner in the world of the digital financial support sector, where the use of
electronic signatures embedded with customer personal data is encountered daily,
researchers have a good relationship with the subject of research, so the research was
carried out at the office of the electronic certificate provider company in Jakarta, namely
at PT DCLEARLY TANDA BESRSAMA.
Results and Discussion
Electronic Certification and Electronic Signature Organizer
An Electronic Certification Provider (PSrE) is a legal entity that functions as a party
worthy of the trust that provides and audits Electronic Certificates. PSrE is here to
increase public trust in transacting digitally by protecting online transactions from fraud
and data forgery.
Electronic Transaction Implementation is a series of electronic transactions
performed by the sender and recipient using an electronic system.
An electronic certificate is an electronic certificate containing an Electronic
Signature and identity indicating the status of the legal subject of the parties to an
Electronic Transaction issued by an Electronic Certification Operator.
Personal Data Protection Concept
Personal data protection covers various aspects, including collecting, processing,
using, storing, and disclosing personal data. Its measures prevent unauthorized access,
misuse, or infringement of individuals' personal information. This becomes particularly
relevant in the context of using personal data in electronic signatures.
The Personal Data Protection Law has regulated how the concept of protecting
personal data is ideal and appropriate, how the personal data Controller, the Processor of
personal data, and the Subject of personal data obtain their rights and must comply with
their obligations.
Legal Basis for the Use of Electronic Signatures
What regulates the security of personal information and data in Indonesia is Law
Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law).
Article 11 of the ITE Law states that electronic signatures have the same legal force and
consequences as wet signatures. This reflects the government's recognition of the
importance of electronic signatures in electronic transactions and provides a clear legal
basis for their use. This legal foundation also aligns with information and communication
technology development that increasingly allows using electronic signatures in various
aspects of life.
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Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 5, Mei 2024 2435
Indonesian Electronic Certification Provider, Certificate Policy (CP), and
Certificate Practices Statement (CPS)
Electronic Certificate Provider Company (PSrE) runs its business referring to the
rules and regulations supervised by the Regulator, in this case, the Financial Services
Authority (OJK), registered as a particular cluster to support financial sector inclusion
with a quarterly reporting process and in order to secure user's personal data, encryption
technology, privacy policies, and security standards must be used, by the Kominfo
Regulation as the Indonesian Electronic Certificate Operator (PSrE Induk). The author
chooses one of the Electronic Certificate Providers (PSrE) that the author knows from
creation, incubation, and operation until business closure. So, in this study, it will be able
to be seen comprehensively how the application of the personal data protection system
embedded in Electronic Signatures can be maintained even though the Electronic
Certificate Operator (PSrE) chooses not to continue its business.
Figure 1. PSrE Certificate Example
The following can be seen from the image from the top correct list and the signer
data in the top left, in order:
1. Root (root/origin) issued a certificate from Indonesia (PSrE Induk) by Kominfo
(Kominfo Certificate)
2. PSrE Certificate (TekenAja Certificate)
3. At the top left with the name Mahesa Awong (Certificate of Signatory)
4. Electronic Certificate validity period
Viola Meiryan Azza, Hartana, G.nyoman Tio Rae
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 5, Mei 2024 2436
Figure 2 Example of an uncertified Electronic signature
The above document is digitally signed but does not use a certified electronic
signature. Therefore, it cannot be signed data, does not encounter a PSrE Certificate, and
is not valid in the eyes of the law. In accordance with the regulations of Law Number 1
of 2024, Electronic Information and/or Electronic Documents are declared valid if they
use Electronic Systems in accordance with the provisions stipulated in this Law.
Analysis based on Law No. 27 of 2022 concerning Personal Data Protection
Law No. 27 of 2022 concerning Personal Data Protection (PDP Law) provides a
solid legal foundation for regulating the mechanism for collecting personal data,
including using electronic signatures. Article 23, paragraph (1) of the PDP Law states that
the collection of personal data must be limited, specific, legally valid, fair, and transparent
for explicit purposes, as well as with the knowledge and consent of the owner of the
personal data. This provision emphasizes the importance of individuals' consent in
collecting their data.
The PDP Law also regulates the principle of accountability in collecting personal
data. Article 25 paragraph (1) states that the personal data controller must be responsible
for compliance with the PDP Law in carrying out the processing of personal data,
including data collection. This means that the electronic signature operator, as the
controller of personal data, has an obligation to ensure that the collection of personal data
is carried out in accordance with the provisions of the PDP Law.
With the provisions in the PDP Law, the mechanism for collecting personal data
using electronic signatures must be carried out legally, transparently, and with the consent
of the personal data owner. Electronic signature operators, as controllers of personal data,
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must also be responsible for ensuring compliance with the PDP Law in the data collection
process. The rights of personal data owners regarding data collection must also be
respected and fulfilled by the provisions of the PDP Law. Thus, the PDP Law provides
comprehensive protection for individuals' data in the data collection mechanism using
electronic signatures.
Application of personal data protection principles in data collection
Applying personal data protection principles in data collection is essential to
ensuring the preservation of individual rights and compliance with applicable regulations.
One of the main principles is the restriction of data collection, which emphasizes that the
collection of personal data should be carried out on a limited basis and only for legitimate
and specific purposes. In the context of the use of electronic signatures, the collection of
personal data should be limited to information that is relevant and necessary for identity
verification and electronic signing of documents.
The principle of transparency is also fundamental in the collection of personal data.
Electronic signature operators must provide clear and accessible information to users
regarding the data's purpose, the types of data collected, and how the data will be used
and protected. This transparency allows users to provide informed consent and understand
the implications of collecting their data. In addition, the operator must also provide a
mechanism for users to withdraw their consent if they no longer want their data to be
processed, as stated in Article 6 paragraph (1) of the Regulation of the Minister of
Communication and Information Number 20 of 2016.
The principle of data accuracy also needs to be applied in the personal data
collection mechanism. Based on Article 24, paragraph (1) of the PDP Law, the data
collected must be accurate, complete, and updated regularly. This is important to ensure
reliability and integrity when using electronic signatures. The Operator shall provide a
mechanism for users to access, correct, or update their data if necessary. In addition, the
organizer must also have procedures to delete or anonymize personal data that is no longer
needed for the original purpose of collection, as stated in Article 15 paragraph (2) of the
Regulation of the Minister of Communication and Information Number 20 of 2016.
In addition, the principle of accountability must also be applied when collecting
personal data. Based on Article 28, paragraph (1) of the PDP Law, electronic signature
operators must be able to demonstrate their compliance with the principles of personal
data protection and be responsible for the data processing they carry out. They must
appoint a data protection officer responsible for overseeing compliance, handling requests
or complaints from data owners, and cooperating with relevant supervisory authorities as
stated in Article 34 paragraph (1) of the Minister of Communication and Information
Regulation Number 20 of 2016. By comprehensively applying the principles of personal
data protection in the data collection mechanism, electronic signature operators can build
user trust and comply with the applicable legal framework.
Application of legal certainty theory in compliance with electronic signature
organizers
The theory of legal certainty is one of the main principles in the rule of law that
aims to ensure stability and predictability in the legal system. According to Gustav
Radbruch, a German legal philosopher, legal certainty is one of the fundamental legal