The House Emphasizes Citizens’ Rights Protection in Cross-Border Data Flows

RRI.CO.ID, Jakarta - The data transfer agreement included in the Agreement on Reciprocal Trade (ART) between Indonesia and the United States has raised concerns over digital sovereignty. The House of Representatives stressed that cross-border data flows must be accompanied by guarantees to protect citizens’ rights.

Deputy Speaker of Commission I, Sukamta, said the government must ensure the security of personal data for all Indonesian citizens. He emphasized that protecting individual rights is a constitutional responsibility.

“Cross-border data transfer is a necessity in the modern digital economy. However, the ease of data flow must be balanced with strengthening digital sovereignty and protecting citizens’ rights,” Sukamta said in Jakarta on Monday, February 24, 2026, as quoted by Antara.

He called on the government to use this cooperation to accelerate the development of a credible, transparent, and globally competitive national data governance system, while remaining aligned with national interests.

Sukamta rejected both excessive protectionism and unlimited liberalization, stressing the need for balance between smooth data flows for economic growth and legal certainty for citizens.

One of the priority measures, he said, is the establishment of an independent personal data protection authority. “Establishing an independent institution with adequate investigative, technical, and sanctioning capacities is a priority. Without effective supervision, data protection is only normative,” he said.

He also urged the government to accelerate the issuance of a Presidential Regulation mandated by Article 58 of Law No. 27/2022 on Personal Data Protection (PDP). He added that derivative regulations must clarify criteria for countries with adequate protection, periodic evaluations, and standards for cross-border data contracts.

Sukamta highlighted the importance of classifying sensitive strategic data, such as health, biometrics, and critical infrastructure, which require additional safeguards. He also underlined the need for a cross-border complaint mechanism to ensure citizens can seek remedies if their data is misused abroad.

He said adequacy status evaluations should be dynamic and conducted periodically, based on regulatory developments and practices in partner countries. Strengthening national data centers and the domestic cloud computing industry must also proceed in parallel with cross-border data transfers.

“This is a momentum to accelerate the consolidation of national data governance so that Indonesia is not only a digital market, but also capable of becoming a major global player in the digital market,” Sukamta said. ***